The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
delegated the responsibility to local governmental units to adopt
floodplain management regulations to promote public health, safety,
and the general welfare of its citizenry. Therefore, the Borough Council
of the Schwenksville does hereby order as follows.
The intent of this article is to:
A.
Protect areas of the floodplain necessary to contain floodwaters.
B.
To permit only those uses in the floodplain that are compatible with
preserving natural conditions and stream flow.
C.
Promote the general health, welfare, and safety of the community
by preventing development in areas prone to flooding.
D.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
E.
Minimize danger to public health by protecting water supply and natural
drainage.
F.
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
G.
Comply with federal and state floodplain management requirements.
A.
The Floodplain Conservation District is defined and established as
a zoning overlay district applicable to those areas of Schwenksville
subject to inundation by the waters of the one-hundred-year flood
as delineated on the Flood Insurance Rate Map (FIRM) for Montgomery
County, Pennsylvania, as prepared by the Federal Emergency Management
Agency, dated 03/02/2016 and subsequent revisions thereto. Said floodplain
areas shall consist of the following specific areas:
1.
Flood zones applicable to Schwenksville Borough: Zones A, AE.
2.
Soils with a frequency of flooding of 1% or greater per year, as
delineated by the Natural Resources Conservation Service, United States
Department of Agriculture Web-Based Soil Survey (available online
at http://websoilsurvey.nrcs.usda.gov/), including the following soils:
B.
In lieu of the above, Schwenksville 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, computations,
etc. shall be submitted in sufficient detail to allow a thorough technical
review by the Borough.
C.
The Floodplain Conservation District shall be delineated according
to FEMA's Flood Insurance Rate Map (FIRM) for Schwenksville which
is hereby made a part of this article, and additional area based on
soils as described in § 176-1502.A.2. The FIRM is available
for inspection at the Borough Hall.
D.
The Floodplain Conservation District shall be deemed an overlay on
any zoning district now or hereafter applicable to any lot.
E.
Should the Floodplain Conservation District be declared inapplicable
to any tract by reason of action of the Borough Council in amending
this chapter; or the Zoning Officer, the Zoning Hearing Board, or
any court of competent jurisdiction in determining the same; or the
Zoning Hearing Board or any court of competent jurisdiction in determining
a legal effect of the same; the zoning applicable to such lot shall
be deemed to be the district in which it is located without consideration
of this district.
F.
Should the zoning of any parcel of any part thereof which the Floodplain
Conservation District is located be changed through any legislative
or administrative actions or judicial discretion, such change shall
have no effect on the Floodplain Conservation District.
G.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within Schwenksville unless a permit has been obtained from
the Floodplain Administrator.
H.
A permit shall not be required for minor repairs to existing buildings
or structures.
This article supersedes any other conflicting provisions which
may be in effect in the Floodplain Conservation District. However,
any other article provisions shall remain in full force and effect
to the extent that those provisions are more restrictive. If there
is any conflict between any of the provisions of this article, the
more restrictive shall apply.
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
The degree of flood protection sought by the provisions of this
article is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This article
does not imply that areas outside the Floodplain Conservation District
or that land uses permitted within such areas will be free from flooding
or flood damages. This article shall not create liability on the part
of Schwenksville or any officer or employee thereof for any flood
damages that result from reliance on this article or any administrative
decision lawfully made there under.
For the purposes of this article, the words and terms used herein
shall be interpreted as follows. Unless specifically defined below,
words and phrases used in this article shall be interpreted so as
to give this article its most reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood.")
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE that indicates the water surface elevation resulting
from a flood that has a 1% or greater chance of being equaled or exceeded
in any given year. The BFE is also shown on the FIS profile, and can
be determined for Zone A floodplains.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including, but not limited to: subdivision of land, construction,
reconstruction, renovation, repair, expansion, or alteration of buildings
or other structures; the placement of manufactured homes; streets
and other paving; utilities; fill; grading and excavation; mining;
dredging; drilling operations; or storage of equipment or materials.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
A structure for which the "start of construction" commenced
before the effective date of the FIRM.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A relatively flat or lowland area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Pennsylvania Historical and Museum Commission (PHMC)
as meeting the criteria for individual listing on the National Register;
Certified or preliminarily determined by the Pennsylvania Historical
and Museum Commission (PHMC) as contributing to the historical significance
of a National Register historic district or a district preliminarily
determined by the PHMC to be eligible to qualify for listing in the
National Register; or
Designated as historic by a municipal ordinance and:
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code; or
Located in a local historic district that has been certified
by the Pennsylvania Historical and Museum Commission as meeting the
requirements of the Pennsylvania Historic District Act.
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
nonelevation design requirements of this article.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
ordinance and includes any subsequent improvements to such structures.
Any construction started after September 30, 1981 and before the effective
start date of this floodplain management ordinance is subject to the
ordinance in effect at the time the permit was issued, provided the
start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
The flood having a 1% chance of being equaled or exceeded
in any given year. Also referred to as the "1% frequency flood," or
the "base flood," as defined by FEMA in the Flood Insurance Study
for Schwenksville.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after the community's initial FIRM dated September 30, 1981,
and as such, would be required to be compliant with the regulations
of the NFIP.
A structure for which construction or substantial improvement
occurred on or before the community's initial FIRM dated September
30, 1981, and, as such would not be required to be compliant with
the regulations of the NFIP.
A vehicle which is built on a single chassis, not more than
400 square feet, measured at the largest horizontal projections, designed
to be self-propelled or permanently towable by a light-duty truck,
and not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
A census tract or group of census tracts eligible for the
Montgomery County Revitalization Program and identified in the adopted
municipal revitalization plan.
The regulatory flood elevation is the elevation to which
development is regulated for purposes of elevation and/or dry floodproofing.
It is equal to the base flood elevation (BFE) plus a freeboard of
one foot.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
Means an area in the floodplain subject to a 1% or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A or AE.
The areas identified as Zone AE in the Flood Insurance Study,
where one-hundred-year flood elevations have been provided, but no
floodway has been delineated.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all or a designated portion of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
(or repetitive loss when a repetitive loss provision is used) regardless
of the actual repair work performed. The term does not, however, include
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.
For alteration of historic structures, see § 176-1516.E.
The statewide building code adopted by The Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
The Code adopted The International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
A.
The Floodplain Conservation District shall be any areas of Schwenksville
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated March 2, 2016 and issued by the Federal Emergency Management
Agency (FEMA), or the most recent revision thereof, including all
digital data developed as part of the Flood Insurance Study.
B.
The Floodplain Conservation District shall also include areas with
soils listed in § 176-1502.C along with any community identified
flood hazard areas.
C.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by Schwenksville and declared to
be a part of this article.
The Floodplain Conservation District shall consist of the following
specific areas/districts:
A.
The floodway area/district shall be those areas identified as floodway
on the FIRM as well as those floodway areas which have been identified
in other available studies or sources of information for those special
floodplain areas where no floodway has been identified in the FIS.
The floodway represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point.
1.
Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted
unless it has been demonstrated through hydrologic and hydraulic analysis
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
2.
No new construction or development shall be allowed, unless a permit
is obtained from the Department of Environmental Protection Regional
Office.
B.
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided. The AE Area without floodway shall
be those areas identified as an AE zone on the FIRM included in the
FIS prepared by FEMA for which base flood elevations have been provided
but no floodway has been determined.
C.
The A Area/District shall be the areas identified as an A Zone on
the FIRM included in the FIS prepared by FEMA and for which no one-percent-annual
chance flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
source shall be used when available. Where other acceptable information
is not available, the elevation shall be determined by using the elevation
of a point on the boundary of the Floodplain Conservation District
which is nearest the construction site. In lieu of the above, the
Borough of Schwenksville 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 municipality.
D.
Community identified flood hazard areas shall be those areas where
Schwenksville has identified local flood hazard or ponding areas,
as delineated and adopted on a Local Flood Hazard Map using best available
topographic data and locally derived information such as flood of
record, historic high water marks, soils or approximate study methodologies.
The Floodplain Conservation District may be revised or modified
by the Schwenksville Borough Council where studies or information
provided by a qualified agency or person documents the need for such
revision. However, prior to any such change, approval must be obtained
from FEMA. Additionally, as soon as practicable, but not later than
six months after the date such information becomes available, a community
shall notify FEMA of the changes by submitting technical or scientific
data.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Schwenksville
Planning Commission and any party aggrieved by this decision or determination
may appeal to the Borough Council. The burden of proof shall be on
the appellant.
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
community shall review flood hazard data affecting the lands subject
to boundary changes. The community shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR 60.3.
The following uses are permitted by right in the Floodplain
Conservation District in compliance with the requirements of this
article:
A.
Up to half of any required yard setback area on an individual residential
lot may extend into the Floodplain Conservation District, provided
such yards are not used for on-site sewage disposal systems or for
nonwire fences or other structure.
B.
Open space uses that are primarily passive in character shall be
permitted to extend into the floodplain including:
1.
Wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, as well as passive areas of public parklands (including, but
not limited to, hiking, biking and bridle trails, parks, camps, picnic
areas, fishing sport or boating clubs, piers, docks, floats, or shelters
usually found in developed outdoor recreation areas, but no facilities
subject to damage by flooding).
2.
Outdoor plant nursery or orchard in accordance with recognized soil
conservation practices.
3.
Streambank stabilization.
4.
Forestry operations, lumbering and reforestation practices as reviewed
by the Montgomery County Conservation District.
C.
The following floodplain crossings are permitted, provided disturbance
to any existing woodlands and degradation of water quality are minimized
to the greatest extent practicable:
D.
Agricultural uses conducted in compliance with methods prescribed
in the latest version of the Department of Environmental Protection's
Erosion and Sediment Pollution Control Manual.
E.
Public sewer and/or water lines and public utility transmission lines
running along the corridor.
Any use or activity not authorized within § 176-1513, herein, shall be prohibited within the Floodplain Conservation District and the following activities and facilities are specifically prohibited, except for as part of a redevelopment project in compliance with § 176-1513.F herein:
A.
No new construction, alteration, or improvement of buildings and
any other type of permanent structure, including fences shall be permitted
in the floodway or the one-hundred-year floodplain.
B.
Placement of fill within the one-hundred-year floodplain is prohibited.
C.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse.
D.
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 176-1513, herein, and where the effects of these actions are mitigated by reestablishment of vegetation.
E.
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards.
F.
Roads or driveways, except where permitted as corridor crossings in compliance with § 176-1513, herein.
G.
Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume.
H.
Parking lots.
I.
Subsurface sewage disposal areas.
J.
Sod farming.
K.
Stormwater basins, including necessary berms and outfall facilities.
The provisions of this article 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 § 176-1516, and any applicable Schwenksville nonconforming use standards contained within the borough's zoning ordinance shall apply.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any Floodplain Conservation
District:
A.
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the base flood elevation.
B.
No expansion or enlargement of an existing structure shall be allowed
within any AE Area/District with floodway, as defined in § 176-1509.B,
which would, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
C.
No expansion or enlargement of an existing structure shall be undertaken
in the direction of the streambank.
D.
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 article.
E.
Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined in this article must
comply with all requirements that do not preclude the structure's
continued designation as an historic structure. Documentation that
a specific requirement herein 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 the
ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
F.
The above activity shall also address the requirements of the 34
Pa.Code, as amended, the 2009 IBC, and the 2009 IRC.
G.
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 article.
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board of Schwenksville may, upon
request, grant relief from the strict application of the requirements.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in flood hazard 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
or Letter of Map Revision.
A.
Within the Floodplain Conservation District, manufactured homes shall
be prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
B.
Where permitted by variance within the Floodplain Conservation District,
all manufactured homes, and any improvements thereto, shall be:
1.
Placed on a permanent foundation.
2.
Elevated so that the lowest floor of the manufactured home is at
least 1 1/2 feet above the base flood elevation.
3.
Anchored to resist flotation, collapse, or lateral movement.
4.
Have all ductwork and utilities including HVAC/heat pump elevated
to the regulatory flood elevation.
C.
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 shall apply and 34 Pa.Code Chapter 401 through 405.
D.
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
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 installation.
Recreational vehicles in Zones AE must either:
A.
If granted, a variance shall involve only the least modification
necessary to provide relief.
B.
In granting any variance, the Zoning Hearing Board shall attach the
reasonable conditions and safeguards outlined herein. These conditions
and safeguards are necessary in order to protect the public health,
safety, and welfare of the residents of the municipality.
D.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
1.
That there is good and sufficient cause, including:
a.
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of the zoning ordinance in the neighborhood
or district in which the property is located.
b.
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the zoning ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
c.
That such unnecessary hardship has not been created by the appellant.
d.
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
2.
That failure to grant the variance would result in exceptional hardship
to the applicant.
3.
That the granting of the variance will:
E.
A complete record of all variance requests and related actions shall
be maintained by the Borough of Schwenksville. In addition, a report
of all variances granted during the year shall be included in the
biennial report to FEMA.
In granting any variance, the Borough of Schwenksville shall
attach the following technical provisions to the proposal for which
the variance has been granted. These conditions and safeguards are
necessary in order to protect the public health, safety, and welfare
of the residents of the municipality.
A.
Pertaining to the alteration or relocation of watercourse.
1.
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 Regional Office.
2.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood carrying capacity of the watercourse
in any way.
3.
In addition, the FEMA and Pennsylvania Department of Community and
Economic Development, shall be notified prior to any alteration or
relocation of any watercourse.
B.
The municipality shall require technical or scientific data to be
submitted to FEMA for a Letter of Map Revision (LOMR) within six months
of the completion of any new construction, development, or other activity
resulting in changes in the BFE. A LOMR or Conditional Letter of Map
Revision (CLOMR) is required for:
C.
Any new construction, development, uses or activities allowed by
variance within any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this article
and any other applicable codes, ordinances and regulations. In addition,
when such development is proposed within the area measured 50 feet
landward from the top of bank of any watercourse, a permit shall be
obtained from the Department of Environmental Protection Regional
Office.
A.
Residential structures.
1.
In AE Zones, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated up to, or above,
the regulatory flood elevation. 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
most recent revisions thereof and ASCE 24 and 34 Pa.Code (Chapters
401 through 405 as amended) shall be used.
2.
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 Subsection D herein.
3.
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 most recent revisions thereof and ASCE
24 and 34 Pa.Code (Chapters 401 through 405 as amended), shall be
utilized.
B.
Nonresidential structures.
1.
In AE 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:
2.
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 Subsection D herein.
3.
Any nonresidential 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
United States 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.
4.
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IBC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405 as amended) shall be
used.
C.
Space below the lowest floor.
1.
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 floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
2.
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
a.
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
b.
The bottom of all openings shall be no higher than one foot
above grade.
c.
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
D.
Accessory structures.
1.
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 100 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 floodwaters.
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
or 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:
I.
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
II.
The bottom of all openings shall be no higher than one foot
above grade.
III.
Openings may be equipped with screens, louvers,
etc., or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
A.
Development which may endanger human life. 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 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, of 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.
Hydrochloric 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.
Sulfur and sulfur products.
17.
Pesticides (including insecticides, fungicides, and rodenticides).
18.
Radioactive substances, insofar as such substances are not otherwise
regulated.
B.
Any structure of the kind described in Subsection A, above, shall be prohibited within any floodway area. Where permitted by variance within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 176-1525.A above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with § 176-1524.
C.
Within any identified floodplain area, any new, or substantially
improved structure of the kind described in § 176-1525.A,
above, shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any watercourse.
D.
Where permitted by variance within any identified floodplain area, any new or substantially improved non-residential structure of the kind described in § 176-1525.A above shall be built in accordance with § 176-1524 including:
1.
Elevated, or designed and constructed to remain completely dry up
to at least 1 1/2 feet above base flood elevation, and
2.
Designed to prevent pollution from the structure or activity during
the course of a base flood.
3.
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" (United States Army Corps
of Engineers, June 1972, as amended March 1992), or with some other
equivalent watertight standard.
The following minimum standards shall apply for all construction
and development proposed within any Floodplain Conservation District:
A.
Fill. If fill is used, it shall:
1.
Extend laterally at least 15 feet beyond the building line from all
points;
2.
Consist of soil or small rock materials only; sanitary Landfills
shall not be permitted;
3.
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
4.
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
5.
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 insure 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 floodwaters.
2.
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
3.
No part of any on-site sewage system shall be located within any
Floodplain Conservation District 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 § 176-1525, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/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 floodwater.
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.) shall be finished
with a marine or water-resistant paint or other finishing material.
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 floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform Construction Code coordination. The standards and specifications
contained 34 Pa.Code (Chapters 401 through 405), as amended, and not
limited to the following provisions shall apply to the above and other
sections and subsections of this article, to the extent that they
are more restrictive and/or supplement the requirements of this article.
In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the activities indicated in § 176-1527.A and § 176-1527.B shall be prohibited within any Floodplain Conservation District unless a special permit has been issued by Schwenksville Borough. In order to apply for a special permit, a variance must first be obtained, as outlined in § 176-1517 through § 176-1522.
Applicants for special permits shall provide five copies of
the following items:
A.
A written request including a completed special 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 municipality 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 elevation;
4.
Detailed information concerning any proposed floodproofing measures;
5.
Cross section drawings for all proposed streets, drives, other access
ways, and parking areas, showing all rights-of-way and pavement widths;
6.
Profile drawings for all proposed streets, drives, and vehicular
access ways 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 elevation;
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 elevation, 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
elevations 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 elevations 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.
Upon receipt of an application for a special permit by Schwenksville, the following procedures shall apply in addition to those of § 176-1531 through § 176-1541.
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 Schwenksville Planning
Commission and Schwenksville municipal engineer for review and comment.
B.
If an application is received that is incomplete, Schwenksville shall
notify the applicant in writing, stating in what respect the application
is deficient.
C.
If the Borough of Schwenksville decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
D.
If the Borough of Schwenksville 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 Borough of Schwenksville 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 Borough of Schwenksville.
F.
If the Borough of Schwenksville does not receive any communication
from the Department of Community and Economic Development during the
thirty-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 Borough of Schwenksville
and the applicant, in writing, of the reasons for the disapproval,
and the Borough shall not issue the special permit.
A.
In addition to the aforementioned requirements of this article, 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 § 176-1523 through § 176-1526 of this article or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
B.
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:
1.
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:
a.
The structure will survive inundation by waters of the base
flood elevation without any lateral movement or damage to either the
structure itself, or to any of its equipment or contents below the
BFE.
b.
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above the base flood elevation.
c.
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 elevation.
2.
Prevent any significant possibility of pollution, increased flood
levels or flows, or debris endangering life and property.
C.
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 borough and the Department of Community and Economic
Development.
The Schwenksville Borough Manager is hereby appointed to administer
and enforce this article and is referred to herein as the Floodplain
Administrator.
A permit shall be required before any construction or development is undertaken within the Floodplain Conservation District. In the case of a proposed hospital, nursing home, jail, prison, or manufactured home park, the permit referred to here would be the special permit of § 176-1527 through § 176-1530.
A.
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
B.
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); and the U.S. Clean Water Act, Section
404, 33 U.S.C. 1344. No permit shall be issued until this determination
has been made.
C.
In the case of existing structures, prior to the issuance of any
development permit, the Floodplain Administrator shall review the
history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
D.
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. The Floodplain Administrator shall make as many inspections
during and upon completion of the work as are necessary.
E.
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the Floodplain Conservation District, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
F.
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to borough council for whatever action it considers
necessary.
G.
The Floodplain Administrator shall maintain all records associated
with the requirements of this article including, but not limited to,
permitting, inspection and enforcement.
H.
The Floodplain Administrator shall consider the requirements of the
34 Pa.Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by Schwenksville. Such application
shall contain the following:
1.
Name and address of applicant.
2.
Name and address of owner of land on which proposed construction
is to occur.
3.
Name and address of contractor.
4.
Site location including address.
5.
Listing of other permits or variances required.
6.
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
B.
If any proposed construction or development is located entirely or
partially within any Floodplain Conservation District, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
1.
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.
2.
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage.
3.
Adequate drainage is provided so as to reduce exposure to flood hazards.
4.
Structures will be anchored to prevent floatation, collapse, or lateral
movement.
5.
Building materials are flood-resistant.
6.
Appropriate practices that minimize flood damage have been used.
7.
Electrical, heating, ventilation, plumbing, air conditioning equipment,
and other service facilities have been designed and/or located to
prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
1.
A completed permit application form.
2.
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:
a.
North arrow, scale, and date;
b.
Topographic contour lines, if available;
c.
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
d.
The location of all existing streets, drives, and other accessways;
and
e.
The location of any existing bodies of water or watercourses,
the Floodplain Conservation District, and, if available, information
pertaining to the floodway, and the flow of water including direction
and velocities.
3.
Plans of all proposed buildings, structures and other improvements,
drawn at a scale of one inch being equal to 100 feet or less showing
the following:
4.
The following data and documentation:
a.
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation; and detailed information concerning any
proposed floodproofing measures and corresponding elevations.
b.
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood elevation.
Such statement shall include a description of the type and extent
of flood proofing measures which have been incorporated into the design
of the structure and/or the development.
c.
Detailed information needed to determine compliance with § 176-1526.F, Storage, and § 176-1525, Development which may endanger human life, including:
d.
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
e.
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.
5.
Applications for permits shall be accompanied by a fee, payable to
the municipality based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
A copy of all applications and plans for any proposed construction
or development in any Floodplain Conservation District to be considered
for approval shall be submitted by the Floodplain Administrator to
the County Conservation District for review and comment prior to the
issuance of a permit. The recommendations of the Conservation District
shall be considered by the Floodplain Administrator for possible incorporation
into the proposed plan.
A copy of all plans and applications for any proposed construction
or development in any Floodplain Conservation District to be considered
for approval may be submitted by the Floodplain Administrator to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Municipal Engineer, etc.) for review and comment.
After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
In addition to the permit, the Floodplain Administrator shall
issue a placard which shall be displayed on the premises during the
time construction is in progress. This placard shall show the number
of the permit the date of its issuance and be signed by the Floodplain
Administrator.
Work on the proposed construction shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The term "start of construction" shall be understood as defined in § 176-1507 of this article. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.
A.
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
1.
Be in writing;
2.
Include a statement of the reasons for its issuance;
3.
Allow a reasonable time not to exceed a period of 30 days for the
performance of any act it requires;
4.
Be served upon the property owner or his agent as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this state;
5.
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this article.
B.
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the municipality shall be subject to the penalties outlined in Article XXIII of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this article may be declared by Borough Council to be a public nuisance and abatable as such.
A.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article, may appeal to Borough Council. Such appeal must be filed,
in writing, within 30 days after the decision, determination or action
of the Floodplain Administrator.
B.
Upon receipt of such appeal the Borough Council shall set a time
and place, within not less than 10 or not more than 30 days, for the
purpose of considering the appeal. Notice of the time and place at
which the appeal will be considered shall be given to all parties.
