Borough of Trappe, PA
Montgomery County
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Table of Contents
Table of Contents
[Added 5-5-1975 by Ord. No. 183-C; amended 12-1-1981 by Ord. No. 220; 12-11-1996 by Ord. No. 318]

§ 340-132
Intent. 

§ 340-133
Boundaries. 

§ 340-134
Overlay concept. 

§ 340-135
Boundary interpretation and appeals procedure. 

§ 340-136
Permitted uses. 

§ 340-137
Prohibited uses without further consideration. 

§ 340-138
Prohibited uses. 

§ 340-139
Conditional uses. 

§ 340-140
Application procedure. 

§ 340-141
Procedures for consideration of a conditional use. 

§ 340-142
Standard for approval of uses by conditional use. 

§ 340-143
Standards for approval of uses by variance. 

§ 340-144
Uses and/or structures rendered nonconforming. 

§ 340-145
Certificate of compliance. 

§ 340-146
Municipality liability. 

§ 340-132 Intent.

In addition to the goals and objectives stated in the § 340-2, Intent, and § 340-4, Community development objectives, of this chapter, the specific intent of this article with respect to FP Floodplain Conservation Districts shall be to protect areas of floodplain subject to and necessary for the containment of flood waters, and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of Trappe Borough. Furthermore, in light of the Borough certification as eligible for Federal Flood Insurance, it is the intent of this district to provide adequate protection for flood-prone properties within the Borough of Trappe. In advancing these principles and the general purposes of the Zoning Ordinance and Comprehensive Plan, the following shall be the specific objectives of the FP Floodplain Conservation District:

A. 

To combine with present zoning requirements, certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Borough.

B. 

To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazards.

C. 

To minimize danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage.

D. 

To permit only those uses which can be appropriate located in the floodplain as herein defined and which will not impede the flow or storage of flood waters, or otherwise cause danger to life and property at, above, or below their locations along the floodplains.

E. 

To protect those individuals who despite the flood dangers, develop or occupy land on a floodplain and those who currently occupy such land.

F. 

To provide sufficient drainage courses to carry abnormal flows of stormwater in periods of heavy precipitation.

G. 

To protect adjacent landowners and those both upstream and downstream from damage resulting from development within a floodplain and the consequent obstruction of increasing flow of flood waters.

H. 

To protect the entire Borough from individual uses of land which may have an effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well being of the Borough.

I. 

To maintain undisturbed the ecological balance between those natural systems elements, including wildlife, vegetation and marine life, dependent upon watercourses and water areas.

J. 

To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.

K. 

To provide retention areas for the temporary storage of floodwaters.

L. 

To require that uses vulnerable to floods, including public facilities, be constructed so as to be protected from flood damage in accordance with the purpose and requirements of the Federal Flood Insurance Program, P.L. 93-234, and the Pennsylvania Floodplain Management Act, P.L. 851, No. 166 of 1978,

Editor's Note: See 32 P.S. § 679.101 et seq.
and as either is amended.

§ 340-133 Boundaries.

A. 

The Floodplain Conservation District is defined and established as those areas of the Borough subject to flooding as defined in the following:

(1) 

Those areas subject to inundation by the waters of the one-hundred-year flood as delineated in the Flood Insurance Study for the Borough of Trappe, Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency, Federal Insurance Administration, December 19, 1996 and any subsequent amendment.

B. 

Said floodplains shall be comprised of three subdistricts as follows:

(1) 

FW (Floodway Area): the areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.

(2) 

FF (Flood-Fringe Area): the remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.

(3) 

FA (General Floodplain Area): the areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is 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, the Borough 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, computation, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough.

C. 

In addition and except where this article prescribes greater setbacks due to the boundaries of the floodplain as defined in Subsection A, the minimum setback from any watercourse for a structure shall be 50 feet landward from the top of bank.

D. 

All subsequent boundary changes shall be indicated on the Floodplain Conservation District Map (the Zoning Map) if, as, and when feasible.

§ 340-134 Overlay concept.

The Floodplain Conservation District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.

A. 

Should the Floodplain Conservation District be declared inapplicable by legislative or administrative actions or judicial decision, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this article.

B. 

Should the zoning of any parcel or any part thereof in which the Floodplain Conservation District is located be changed through any legislative or administrative actions or judicial decision, such change shall have no effect on the Floodplain Conservation District unless such change was included as part of the original application.

§ 340-135 Boundary interpretation and appeals procedure.

Should a dispute concerning the Floodplain Conservation District boundaries arise an initial determination shall be made by the Zoning Officer:

A. 

Any party aggrieved by this decision, claiming the criteria used for delineating the boundary as defined in § 340-133 herein, is or has become incorrect because of changes due to natural or other causes, may appeal to the Zoning Hearing Board as provided in Article XIII, § 340-85 of this chapter and §§ 340-140, 340-141 and 340-142 herein.

B. 

The burden of proof with respect to going forward with the evidence and with respect to the burden of persuasion shall be on the appellant.

C. 

Insofar as various natural conditions, including the Floodplain Conservation District as herein defined, may change, such changes may be validated by detailed on-site survey techniques approved by the Federal Emergency Management Agency (FEMA). Whether a proposed use is within the Floodplain Conservation District, as shown on the Floodplain Conservation District Map, shall, upon appeal from the decision of the Zoning Officer, be determined by the Zoning Hearing Board, upon receipt of the findings of the detailed on-site survey by the petitioner. The Zoning Hearing Board, in addition to other evidence and standards may consider the recommendations of the Trappe Planning Commission and the validation of the Federal Emergency Management Agency (FEMA) and/or other municipal agencies.

D. 

All changes to the boundaries of the Floodplain Conservation District are subject to the review and approval of the Federal Emergency Management Agency (FEMA).

§ 340-136 Permitted uses.

The following uses and no other shall be permitted in the Floodplain Conservation District. All permitted uses are subject to floodproofing regulations in applicable codes. Any of the uses or development activities in Subsections A through G shall not be permitted within the designated floodway, unless the effect of such development or activity on flood heights is fully offset by accompanying stream improvements:

A. 

Cultivation and harvesting crops according to recognized soil conservation practices.

B. 

Pasture and grazing of animals according to recognized soil conservation practices.

C. 

Outdoor plant nursery or orchard according to recognized soil conservation practices.

D. 

Wildlife sanctuary, woodland preserve, arboretum and passive recreation or parks, including hiking, bicycle and bridle trails, but including no facilities subject to damage by flooding.

E. 

Game farms, fish hatchery, or hunting and fishing reserve for the protection and propagation of wildlife, but permitting no structures.

F. 

Forestry, lumbering and reforestation according to recognized natural resources conservation practices.

G. 

Front, side and rear yards and required lot area in any district, provided such yards are not to be used for on-site sewage disposal systems or for non-wire fences or any other structures.

§ 340-137 Prohibited uses without further consideration.

The following uses shall be specifically prohibited in a Floodplain Conservation District, and shall not be subject to further consideration, in accordance with the Pennsylvania Floodplain Management Act, P.L. 851, No. 166 of 1978,

Editor's Note: See 32 P.S. § 679.101 et seq.
and as amended.

A. 

Sanitary landfills, dumps, junkyards, outdoor storage of vehicles and materials and any new or substantially improved structure which will be used for the production, or storage of any of the following dangerous materials or substances; or, will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, or any of the following dangerous materials or substances on the premises; or, 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:

(1) 

Acetone.

(2) 

Ammonia.

(3) 

Benzene.

(4) 

Calcium carbide.

(5) 

Carbon disulfide.

(6) 

Celluloid.

(7) 

Chlorine.

(8) 

Hydrocholoric acid.

(9) 

Hydrocyanic acid.

(10) 

Magnesium.

(11) 

Nitric acid and oxides of nitrogen.

(12) 

Petroleum products (gasoline, fuel oil, etc.).

(13) 

Phosphorus.

(14) 

Potassium.

(15) 

Sodium.

(16) 

Sulphur and sulphur products.

(17) 

Pesticides (including insecticides, fungicides, and rodenticides).

(18) 

Radioactive substances, insofar as such substances are not otherwise regulated.

B. 

The construction, enlargement or expansion of all manufactured home parks, and manufactured home subdivisions; hospitals (public and private); nursing homes (public and private); and jails or prisons.

C. 

Stripping of topsoil, ground cover, vegetation or removal of trees within 20 feet of a stream bank if said distance falls within the floodway.

D. 

On-site sewage disposal systems.

E. 

Private water supply wells.

§ 340-138 Prohibited uses.

The following uses shall not be permitted in the Floodplain Conservation District:

A. 

All freestanding structures and buildings and retaining walls, with the exception of flood-retention dams, culverts, and bridges as approved by the Pennsylvania Department of Environmental Resources. This includes but is not limited to those structures identified under Chapter 3, Section 301(a) of the Pennsylvania Floodplain Management Act (Act 166-1978)

Editor's Note: See 32 P.S. § 679.301(a) et seq.
and Section 38.6 of the Pennsylvania Department of Community Affairs Floodplain Management regulations.

B. 

The relocation of any watercourse without approval by the Borough Council of Trappe Borough, shall first have received the recommendation of the Borough Planning Commission thereon; the relocation of any watercourse without the approval of the Pennsylvania Department of Environmental Protection. In addition, all adjacent communities, the State's Coordinator Office and the Federal Emergency Management Agency shall be notified prior to any alteration or relocation of a watercourse.

§ 340-139 Conditional uses.

The following uses may be permitted by a conditional use from the Borough Council upon the recommendation of the Planning Commission:

A. 

Recreational use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, fishing areas, sport or boating clubs, not to include enclosed structures excepting toilet facilities but permitting piers, docks, floats or unenclosed shelter usually found in developed outdoor recreational area. Any toilet facilities provided shall be connected to public water and sewerage systems.

B. 

Sewage treatment plant, outlet installation for sewage treatment plans and sewage pumping stations with the approval of the Borough Engineer, appropriate sewer authorities and the Pennsylvania Department of Environmental Protection when accompanied by documentation as to the necessity for locating within the boundaries of the Floodplain Conservation District.

C. 

Sealed public water supply wells with the approval of the Borough Engineer and the Pennsylvania Department of Environmental Protection.

D. 

Dams, culverts and bridges with approval of appropriate authorities with jurisdiction such as the Commonwealth of Pennsylvania, Department of Environmental Protection.

E. 

Sanitary or storm sewers and impoundment basins, with the approval of the Borough Engineer and the Pennsylvania Department of Environmental Protection.

F. 

Roads, driveways and parking facilities.

(1) 

In the case of roads and driveways, no such facilities shall be permitted as a conditional use, if viable alternative alignments are feasible. In any case, pervious rather than impervious materials shall be utilized in the construction of any road or driveway situated within a floodplain.

(2) 

In the case of parking facilities, no such facility shall be permitted as a conditional use unless satisfactory evidence is submitted that such parking will not be utilized during periods of flood flow, thus posing no threat to the safety of the vehicles, their users and/or to downstream properties. Temporary parking for periods not to exceed one hour, and/or parking for recreation uses would be examples of such exceptions. In any case, pervious rather than impervious materials shall be utilized in the construction of any parking facility situated within a floodplain.

G. 

Grading or regrading of lands, including the deposit of topsoils and the grading thereof. The application for a conditional use for such a use shall be accompanied by the following:

(1) 

Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question, including the necessary data to determine whether the boundaries of the Floodplain Conservation District would be affected if the application were granted.

(2) 

An application for amending the boundaries of the Floodplain Conservation District if the boundaries are affected by the grading or regrading of land.

(3) 

A plan indicating the disposition of any fill or material proposed to be deposited by the grading or regrading of land; such fill or other materials shall be protected against erosion by riprap, vegetative cover or bulkheading.

H. 

Overhead electric transmission lines.

I. 

Fences of wood, wire or other materials which will impede the flow of floodwaters and debris.

§ 340-140 Application procedure.

For any use of land or other development in the Floodplain Conservation District, excepting ones existing as of the date of the enactment of this chapter, an application for a floodplain use permit shall be filed with the Building Inspector (Zoning Officer), who shall make an initial determination on the application.

A. 

For a use other than those permitted in § 340-136, an application seeking approval by conditional use or variance shall be forwarded to the Zoning Hearing Board or Borough Council, as appropriate, along with required studies or information and the findings of the Building Inspector (the Zoning Officer).

B. 

Any application involving the use of fill, the construction of structures, or storage of materials, shall be accompanied by the following:

(1) 

A plan certified by a registered professional engineer which accurately locates the floodplain proposal with respect to the floodplain district limits, channel on stream, existing floodplain developments, together with all pertinent information such as the nature of the proposal, legal description of the property fill limits and elevations; and floodproofing measures including those required by the Borough Building Code, as amended to date of application, and the provisions of this article.

(2) 

The following additional information as deemed necessary by either the Zoning Officer (Building Inspector) or the Borough Council for the evaluation of effects of the proposal upon flood flows and flood water storage and to render a decision on the proposal floodplain use:

(a) 

A typical valley cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high water information;

(b) 

Plan surface view showing elevation or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities and soil types and other pertinent information;

(c) 

Profile showing the slope of the bottom of the channel of the flowline of the stream;

(d) 

Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.

(e) 

A plan or document certified by a registered professional engineer that the floodproofing measures consistent with requirements for the flood protection elevation for the particular area, and with the requirements of the Borough Building Code, as amended, to include, without limitation because of specific enumeration:

[1] 

Anchorage to resist flotation and lateral movements.

[2] 

Installation of watertight doors, bulkheads and shutters.

[3] 

Reinforcement of walls to resist water pressure.

[4] 

Use of paints, membranes or mortar to reduce seepage of water through walls.

[5] 

Additions of mass or weights to structures to resist flotation.

[6] 

Installation of pumps to lower water levels in structures.

[7] 

Construction of water supply and waste treatment systems so as to prevent the entrance of flood water.

[8] 

Pumping facilities for subsurface external foundation wall and basement water pressures.

[9] 

Construction to resist rupture caused by water pressure or floating debris.

[10] 

Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

[11] 

Elevation of structures to reduce the likelihood of flood damage.

§ 340-141 Procedures for consideration of a conditional use.

All applications for approval by conditional use shall be considered using the standards as listed in § 340-142.

A. 

The Borough Council shall hold a public hearing within 60 days after an application is filed. Public notice of the hearing shall be given in accordance with Article XIII, § 340-91 of this chapter.

B. 

The Borough shall request the review and recommendations of the Federal Emergency Management Agency.

C. 

The Borough shall request, at least 30 days prior to the public hearing, the review and recommendations of the Trappe Borough Planning Commission.

D. 

The Borough shall request, at least 30 days prior to a public hearing, the review and recommendations of technical agencies such as the Montgomery County Planning Commission, the Perkiomen Watershed Association, and other planning agencies as necessary to assist in determining the environmental impact of the proposed use(s).

E. 

The Borough shall render a decision within 45 days after the public hearing, except that one continuance of 30 days shall be permitted.

F. 

In rendering a decision, the Borough may impose special measures or conditions as deemed reasonably necessary and appropriate for the proposed use(s) to conform with the intent of this article.

§ 340-142 Standard for approval of uses by conditional use.

The Borough Council shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives in § 340-132 herein. In considering a use as a conditional use, the Borough Council shall consider the following:

A. 

The effect of the use shall not substantially alter the cross-sectional profile of the streams and floodplains at the location of the proposed use.

B. 

Lands abutting the waterway, both upstream and downstream, shall not be unreasonably affected by the proposed use.

C. 

The general welfare or public interest of Trappe Borough or of other municipalities in the same watershed shall not be adversely affected.

D. 

Any structure or addition to an existing structure permitted by conditional use shall be constructed and placed on the lot 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.

(1) 

Residential structures shall be elevated in accordance with the provisions contained in the Borough of Trappe Building Code, as amended.

Editor's Note: See Ch. 135, Construction Codes.

(2) 

All other structures or additions to existing structures shall be elevated to the greatest extent possible according to the provisions contained in the Borough of Trappe Building Code, as amended. However, any portion of the structure not so elevated shall be floodproofed, also in accordance with the Borough Building Code, as amended.

E. 

For any development or structure permitted by conditional use, the following shall apply:

(1) 

All such structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.

(2) 

All such structures shall be constructed so as to prevent the entrance of flood waters into the water supply and waste treatment systems as well as other utility and facility systems. In addition, waste treatment systems shall be designed to minimize or eliminate discharges from the system into the flood waters.

(3) 

No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified prior to any alteration or relocation of any watercourse.

(4) 

Any new construction, development, uses or activities allowed within any identified floodplain area, shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.

(5) 

With any FW (Floodway Area), the following provisions apply:

(a) 

Any new construction, development, use, activity, or encroachment that would cause any increase in one-hundred-year flood heights shall be prohibited.

(b) 

No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.

(6) 

Within any FA (General Floodplain Area), the following provisions apply:

(a) 

No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.

F. 

An affirmative decision shall not be issued by the Borough for an application within the designated floodway unless the effect of such proposed activity on one-hundred-year flood heights is fully offset by accompanying stream improvements.

G. 

The Borough shall notify the applicant in writing that: 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; 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.

H. 

The Borough shall maintain a record of all decisions, including justification for their issuance; and report such decisions issued in the annual report submitted to the Federal Emergency Management Agency.

§ 340-143 Standards for approval of uses by variance.

A property owner of a lot of record, as of the date of the enactment of this article, who is able to prove that the strict enforcement of this article would create undue hardship by denying a reasonable use of an existing lot which is situated either wholly or partially in the Floodplain Conservation District, may seek relief by applying for a variance from the Zoning Hearing Board. Variances shall not be granted for either those uses identified under § 340-137A or D, or such other uses as prohibited by the state.

A. 

The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this article, as specified in § 340-132 herein.

B. 

In considering a use as a variance, the Zoning Hearing Board shall consider all standards and criteria outlined in § 340-142 herein regarding conditional uses.

C. 

Any structure permitted by variance shall include floodproofing measures, such as the following, as required by the Borough Building Code, as amended, without limitation because of specific enumeration:

(1) 

Anchorage to resist flotation and lateral movements.

(2) 

Installation of watertight doors, bulkheads and shutters.

(3) 

Reinforcement of walls to resist water pressures.

(4) 

Use of paints, membranes or mortar to reduce seepage of water through walls.

(5) 

Additions of mass or weight to structures to resist flotation.

(6) 

Installation of pumps to lower water level in structures.

(7) 

Construction of water supply and waste treatment systems so as to prevent the entrance of flood water.

(8) 

Pumping facilities for subsurface external foundation wall and basement floor pressures.

(9) 

Construction to resist rupture or collapse caused by water pressure or floating debris.

(10) 

Cutoff valves or sewer lines, or the elimination of gravity-flow basement drains.

(11) 

Elevation of structures to reduce the likelihood of flood damage.

D. 

Requests for variances shall be considered by the Zoning Hearing Board in accordance with the following:

(1) 

Affirmative decisions shall only be issued by the Zoning Hearing Board upon: a showing of good and sufficient cause; a determination that failure to grant the appeal would result in exceptional hardship to the applicant; and a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(2) 

Affirmative decisions shall only be issued upon determination that it is the minimum necessary, considering the flood hazard, to provide relief.

(3) 

An affirmative decision shall not be issued by the Borough for an application within the designated floodway unless the effect of such proposed activity on one-hundred-year flood heights is fully offset by accompanying stream improvements.

(4) 

The Borough shall notify the applicant in writing that: 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; and 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.

(5) 

The Borough shall: maintain a record of all decisions, including justification for their issuance; and report such decisions issued in the annual report submitted to the Federal Emergency Management Agency.

§ 340-144 Uses and/or structures rendered nonconforming.

Following the adoption of this article, any use or structure which is situated within the boundaries of the FP Floodplain Conservation District and which does not conform to the permitted uses specified in § 340-136 herein, shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this article. As a nonconforming use or structure, it shall be governed by the provisions of § 340-141 of this article, Article XVIII of this chapter and the Trappe Borough Building Code.

Editor's Note: See Ch. 135, Construction Codes.

§ 340-145 Certificate of compliance.

No vacant land shall be occupied or used and no building hereafter erected, altered or moved on the floodplains of any river or stream shall be occupied until a certificate of compliance shall have been issued by the Building Inspector (the Zoning Officer). The Building Inspector (Zoning Officer) shall request the applicant to submit a certification by a registered professional engineer or land surveyor that the finished fill, lowest building floor elevations, floodproofing measures, or other flood protection factors were accomplished in compliance with the provisions of this article. The Building Inspector (Zoning Officer) shall, within 10 days after receipt of such certification from the applicant, issue a certification of compliance only if the building or premises and the proposed use thereof conform with all the requirements of this article.

§ 340-146 Municipality liability.

The granting of a building permit or approval of a subdivision or land development plan in or near the Floodplain Conservation District shall not constitute a representation, guarantee or warranty of any kind by the municipality, or by an official or employee thereof of the practicability of safety of the proposed use and shall create no liability upon Trappe Borough, its officials, or employees. The degree of flood protection intended to be provided by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This article does not imply that areas outside Floodplain Conservation District boundaries or land uses permitted within such districts will always be totally free from flooding or flood hazards.