The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] 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 Borough of East Greenville does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A. 
The intent of this article is to:
(1) 
Promote the general health, welfare, and safety of the community by preventing development in areas prone to flooding.
(2) 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(3) 
Minimize danger to public health by protecting water supply and natural drainage.
(4) 
Permit only those uses in the floodplain that are compatible with preserving natural conditions and stream flow.
(5) 
Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing excessive development in areas subject to flooding.
(6) 
Comply with federal and state floodplain management requirements.
B. 
Applicability.
(1) 
The Floodplain Conservation District is defined and established to include that area of the Borough of East Greenville which is identified as being a special flood hazard area on the Flood Insurance Rate Map (FIRM) for Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency (FEMA), dated March 2, 2016, or the most recent revision thereof.
(2) 
The Floodplain Conservation District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.
(3) 
In addition to Subsection B(1), the Borough of East Greenville 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 of East Greenville.
(4) 
The Floodplain Conservation District shall be delineated according to FEMA's FIRM for the Borough of East Greenville, which is hereby made a part of this article. The FIRM is available for inspection at the Borough office.
(5) 
It shall be unlawful for any person, partnership, business, or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Borough of East Greenville unless a permit has been obtained from the Floodplain Administrator.
(6) 
A permit shall not be required for minor repairs to existing buildings or structures.
C. 
Abrogation and greater restrictions. This article supersedes any other conflicting provisions which may be in effect in the Floodplain Conservation District. However, any other ordinance 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.
D. 
Severability. 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 this article, which shall remain in full force and effect, and for this purpose the provisions of this article are hereby declared to be severable.
E. 
Warning and disclaimer of liability.
(1) 
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.
(2) 
This article shall not create liability on the part of the Borough of East Greenville or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
A. 
Unless specifically defined below, words and phrases used in this article shall be interpreted so as to give this article its most reasonable application.
B. 
As used in this article, the following terms shall have the meanings indicated:
100-YEAR FLOOD
The flood having a 1% chance of being equaled or exceed in any given year. Also referred to as the "1%-annual-chance flood," or the "base flood," as defined by FEMA in the FIS for the Borough of East Greenville.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood").
BASE FLOOD ELEVATION (BFE)
The elevation shown on the FIRM for Zones AE, AH, and A1-30 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 Flood Insurance Study (FIS) profile, and can be determined for Zone A floodplains.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BUILDING
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.
DEVELOPMENT
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; filling; grading and excavation; dredging, drilling, or drilling operations; or storage of equipment or materials.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
EXISTING STRUCTURE/EXISTING CONSTRUCTION
A structure for which the start of construction commenced before the effective date of the FIRM.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by 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).
FLOOD
A general and temporary condition of partial or complete inundation of normally dry land areas by water.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which FEMA or the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Flood 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.
FLOODPLAIN AREA
A relatively flat or low land area that 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.
FLOODPROOFING
Any combination of structural or nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FLOODWAY
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.
FLOODWAY FRINGE
The part of the floodplain adjacent to and extending from the floodway and subject to inundation by the 100-year flood.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places or preliminarily determined by the Pennsylvania Historical and Museum Commission (PHMC) as meeting the criteria for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the 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
(3) 
Designated as historic by a municipal ordinance:
(a) 
Identified individually or as part of a local historic district by a zoning ordinance under the authority of the Pennsylvania Municipalities Planning Code;[1] or
(b) 
Located in a local historic district that has been certified by the PHMC as meeting the requirements of the Pennsylvania Historic District Act.[2]
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including the 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.
MANUFACTURED HOME
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 connected to the required utilities. The term includes park trailers, travel trailers, recreation, and other similar vehicles, which are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MINOR REPAIR
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.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective start date of this floodplain management article, including any subsequent improvements to such structures. Any construction started November 6, 1978, and before the effective start date of this floodplain management article 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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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 November 6, 1978.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever that is recognized by law as the subject of rights and duties.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial FIRM, dated April 4, 2014, whichever is later, and as such would be required to be compliant with the regulations of the National Flood Insurance Program (NFIP).
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial FIRM, dated April 4, 2014, and as such would not be required to be compliant with the regulations of the NFIP.
RECREATIONAL VEHICLE
A vehicle that is:
(1) 
Built on a single chassis;
(2) 
Not more than 400 square feet, measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
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 BFE plus a freeboard of 1 1/2 feet.
REPETITIVE LOSS
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.
SPECIAL FLOOD HAZARD AREA (SFHA)
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 Zones A, AE, AH, AO, A1 through A30, and A99.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions or substantial improvements to such existing parks or subdivisions, when such development is located in all, or a designated portion, of a floodplain.
START OF CONSTRUCTION
The date the permit was issued for construction, 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 of construction means either the first placement or 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.
STRUCTURE
Any form or arrangement of building materials involving the necessity of providing proper support, bracing, tying, and anchoring, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBDIVISION
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 devisers, 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.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
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 that 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 that have been identified by the local code enforcement official and are the minimum necessary to assure safe living conditions. For alteration of historic structures, see § 95-179.5D(3).
UNIFORM CONSTRUCTION CODE (UCC)
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.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certification, or other evidence of compliance required in 44 CFR 60.3(b)(5) is presumed to be in violation until such time as that documentation is provided.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 P.S. § 8001 et seq.
A. 
Identification. The Floodplain Conservation District shall be any areas of the Borough of East Greenville classified as SFHAs in the FIS and the accompanying FIRMs dated March 2, 2016, and issued by the FEMA, or the most recent revision thereof, including all digital data developed as part of the FIS.
B. 
Description and special requirements of the Floodplain Conservation District.
(1) 
The Floodplain Conservation District shall consist of the following specific areas/districts:
(a) 
Those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no 1%-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 that is nearest the construction site.
[1] 
In addition to the above, the Borough of East Greenville 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 of East Greenville.
(b) 
Within the Floodplain Conservation District, 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 variance has first been obtained from the Borough of East Greenville and a permit has been obtained from DEP.
C. 
Changes in identification of area. The Floodplain Conservation District may be revised or modified by the 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 shall 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.
D. 
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Borough 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.
E. 
Corporate boundary changes. 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.
A. 
Uses and activities permitted by right in the Floodplain Conservation District. The following uses are permitted by right in the Floodplain Conservation District in compliance with the requirements of this section.
(1) 
Up to half of any required yard setback area on an individual residential lot may extend into the Floodplain Conservation District.
(2) 
Open space uses that are primarily passive in nature shall be permitted to extend into the floodplain, including:
(a) 
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation.
(b) 
Stream bank stabilization.
(3) 
Forestry operations reviewed by the Montgomery County Conservation District.
(4) 
The following floodplain crossings are permitted, provided disturbance to any existing woodlands and degradation of water quality are minimized to the greatest extent practicable:
(a) 
Agricultural crossings by farm vehicles and livestock.
(b) 
Driveways serving single-family detached dwelling units, roadways, recreational trails, railroads, and utilities.
(5) 
Agricultural uses conducted in compliance with methods prescribed in the latest version of DEP's Erosion and Sediment Pollution Control Manual. In the event that the Borough has a Riparian Corridor Conservation District, or similar regulation, the more restrictive regulation shall apply.
(6) 
Public sewer lines and/or waterlines and public utility transmission lines running along the corridor.
B. 
Uses and activities prohibited in the Floodplain Conservation District. Any use or activity not authorized within § 95-179.5A shall be prohibited within the Floodplain Conservation District, and the following activities and facilities are specifically prohibited:
(1) 
Construction, alteration, or improvement of buildings and any other type of permanent structure, including fences.
(2) 
Placement of fill.
(3) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse.
(4) 
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 95-179.5A and where the effects of these actions are mitigated by reestablishment of vegetation.
(5) 
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards.
(6) 
Roads or driveways, except where permitted as corridor crossings in compliance with § 95-179.5A.
(7) 
Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the vehicle's type and volume.
(8) 
Parking lots.
(9) 
Subsurface sewage disposal areas.
(10) 
Sod farming.
(11) 
Stormwater basins, including necessary berm and outfall facilities.
(12) 
The commencement of any of the following activities or the construction, enlargement or expansion of any structure used or intended to be used for any of the following activities:
(a) 
Hospitals.
(b) 
Nursing homes.
(c) 
Jails or prisons.
(13) 
The commencement of or any construction of a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.
(14) 
Any new or substantially improved structure that:
(a) 
Will be used for the production or storage of any of the following dangerous materials or substances;
(b) 
Will be used for any activity requiring the maintenance of a supply of more than 500 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or
(c) 
Will involve the production, storage, or use of any amount of radioactive substances.
(d) 
For the purposes of this article, 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] 
Phosphorous.
[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.
C. 
Nonconforming structures and uses in the Floodplain Conservation District. 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 § 95-179.5D, herein, and this Article XVII shall apply.
D. 
Improvements to existing structures in the Floodplain Conservation District. The following provisions shall apply whenever any improvement is made to an existing structure located within the Floodplain Conservation District:
(1) 
No expansion or enlargement of an existing structure shall be undertaken in the direction of the stream bank.
(2) 
Any reconstruction, rehabilitation, addition, or other improvement to an existing structure that constitutes a substantial improvement as defined in § 95-179.3B shall be undertaken only in full compliance with the provisions of this article. Any reconstruction, rehabilitation, addition, or other improvement to an existing structure that does not constitute a substantial improvement as defined in § 95-179.3B shall be elevated and/or floodproofed to the greatest extent possible.
(3) 
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this article shall comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places shall 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.
(4) 
Any of the above activities shall also address the requirements of 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC, or the most recent revisions thereof.
(5) 
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.
A. 
General. If compliance with any of the requirements of this article would result in an exceptional hardship to a prospective builder, developer, or landowner, the Borough of East Greenville may, upon request, grant relief from the strict application of the requirements.
B. 
Variance procedures and conditions.
(1) 
For a use other than those permitted in § 95-179.5, an application seeking approval by variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
(2) 
No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE.
(3) 
No variance shall be granted for any of the other requirements pertaining specifically to development regulated by §§ 95-179.7C and 95-179.8D.
(4) 
Notwithstanding any of the provisions relative to variances in this article, all structures shall be designed and constructed to have the capability of resisting the base flood.
(5) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(6) 
In granting any variance, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this article.
(7) 
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant, in writing, that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variances may increase the risks to life and property.
(8) 
In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(a) 
That there is good and sufficient cause, including:
[1] 
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;
[2] 
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;
[3] 
That such unnecessary hardship has not been created by the appellant; and
[4] 
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.
(b) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
That the granting of the variance will:
[1] 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;
[2] 
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(9) 
A complete record of all variance requests and related actions shall be maintained by the Borough of East Greenville. In addition, a report of all variances granted during the year shall be included in the biennial report to FEMA.
C. 
Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots, or at least five acres, whichever is the lesser, in special 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 (CLOMR) or letter of map revision (LOMR).
D. 
Special requirements for manufactured homes.
(1) 
Within the Floodplain Conservation District, manufactured homes and all additions thereto shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(2) 
Where permitted by variance within the Floodplain Conservation District, all manufactured homes, and any additions thereto, shall be:
(a) 
Placed on a permanent foundation;
(b) 
Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above the BFE;
(c) 
Anchored to resist flotation, collapse, or lateral movement; and
(d) 
Have all ductwork and utilities, including HVAC/heat pump, elevated to the regulatory flood elevation.
(3) 
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the manufacturers' installation instructions are not available, the requirements of Appendix E of the 2009 IRC or the U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 edition, draft or latest revision thereto, and 34 Pa. Code Chapters 401 through 405, as amended, shall apply.
(4) 
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.
E. 
Special requirements for recreational vehicles. Recreational vehicles in the Floodplain Conservation District shall:
(1) 
Be on the site for fewer than 180 consecutive days;
(2) 
Be licensed and ready for highway use; or
(3) 
Be elevated and anchored as required in § 95-179.6D(2).
A. 
General. In granting any variance, the Borough of East Greenville 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 Borough of East Greenville.
(1) 
Pertaining to the alteration or relocation of watercourse.
(a) 
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 Borough of East Greenville, and until all required permits or approval have been first obtained from the DEP Regional Office.
(b) 
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.
(c) 
In addition, FEMA and the Pennsylvania Department of Community and Economic Development (DCED) shall be notified prior to any alteration or relocation of any watercourse.
(2) 
The municipality shall require technical or scientific data to be submitted to FEMA for a LOMR within six months of the completion of any new construction, development, or other activity resulting in changes in the BFE. A LOMR or CLOMR is required for:
(a) 
Any development that causes a rise in the BFE within the floodway;
(b) 
Any development occurring in Zones A1 through 30 and Zone AE without a designated floodway which will cause a rise of more than one foot in the BFE; or
(c) 
Alteration or relocation of a stream (including but not limited to installing culverts and bridges).
(3) 
Any new construction, development, uses, or activities allowed by variance within the 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 DEP Regional Office.
B. 
Elevation and floodproofing requirements.
(1) 
Residential structures.
(a) 
In A Zones, where there are no BFEs 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.
(b) 
The design and construction standards and specifications contained in the 2009 IBC and 2009 IRC, or the most recent revisions thereof, and ASCE 24 and 34 Pa. Code Chapters 401 through 405, as amended, shall be utilized.
(2) 
Nonresidential structures.
(a) 
In A Zones, where there are no BFEs 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.
(b) 
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 U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(c) 
The design and construction standards and specifications contained in the 2009 IBC and 2009 IRC, or the most recent revisions thereof, and ASCE 24 and 34 Pa. Code Chapters 401 through 405, as amended, shall be utilized.
(3) 
Space below the lowest floor.
(a) 
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.
(b) 
Designs for meeting this requirement shall either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria.
[1] 
Minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(4) 
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(a) 
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity on the same lot.
(b) 
Floor area shall not exceed 100 square feet.
(c) 
The structure shall be designed and constructed to have the capability of resisting the base flood.
(d) 
The structure shall 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 shall either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1] 
A minimum of two openings having a net total area of not less than one square inch for every one square foot of enclosed space.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
C. 
Special technical requirements.
(1) 
Development which may endanger human life. In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by DCED as required by the Act, any new or substantially improved structure of the kind described in § 95-179.5B(14) shall be subject to the provision of this section, in addition to all other applicable provisions.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2) 
Any structure of the kind described in § 95-179.5B(14) shall be prohibited within any floodway area. Within any identified floodplain area, any new or substantially improved structure of the kind described in § 95-179.5B(14) shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3) 
Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 95-179.5B(14) shall be elevated to remain completely dry up to at least 1 1/2 feet above BFE and built in accordance with § 95-179.7B.
(4) 
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 95-179.5B(14) shall be built in accordance with § 95-179.7B(2), including:
(a) 
Elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above BFE;
(b) 
Designed to prevent pollution from the structure or activity during the course of a base flood; and
(c) 
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood Proofing Regulations" (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
D. 
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within the Floodplain Conservation District.
(1) 
Fill. If fill is used, it shall:
(a) 
Extend laterally at least 15 feet beyond the building line from all points.
(b) 
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(c) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
(d) 
Be no steeper than one vertical foot to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by, the Floodplain Administrator.
(e) 
Be used to the extent to which it does not adversely affect adjacent properties.
(2) 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure proper drainage at all points 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.
(3) 
Water and sanitary sewer facilities and systems.
(a) 
All new or replacement water supply and sanitary sewer facilities and systems, including all pumping stations and collector systems, shall be located, designed, and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c) 
No part of any on-site sewage system shall be located within the Floodplain Conservation District.
(d) 
The design and construction provisions of the UCC and FEMA No. 348, Protecting Building Utilities from Flood Damages, and the International Private Sewage Disposal Code, shall be utilized.
(4) 
Other utilities. All other utilities, such as gaslines, electrical and telephone systems, shall be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood.
(5) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6) 
Storage. All materials that are buoyant, flammable, explosive, or that, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 95-179.7C(1), shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7) 
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 floodwaters.
(8) 
Anchoring.
(a) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be firmly anchored or affixed to prevent flotation.
(9) 
Floors, walls, and ceilings.
(a) 
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 incurring structural damage to the building.
(b) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c) 
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.
(d) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(10) 
Paints and adhesives.
(a) 
Paints, adhesives, other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(b) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
(11) 
Electrical components.
(a) 
Electrical distribution panels shall be at least three feet above the BFE.
(b) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(12) 
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.
(13) 
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.
(14) 
UCC coordination.
(a) 
The standards and specifications contained in 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.
[1] 
IBC 2009, or the latest edition thereof, Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
[2] 
IRC 2009, or the latest edition thereof, Sections R104, R105, R109, R323, Appendix AE101, Appendix E, and Appendix J.
A. 
General. In accordance with the administration regulations promulgated by DCED to implement the Pennsylvania Flood Plain Management Act,[1] the activities indicated in § 95-179.5B(12) and (13) shall be prohibited within the Floodplain Conservation District unless a special permit has been issued by the Borough of East Greenville. In order to apply for a special permit, variance shall first be obtained, as outlined in § 95-179.6.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Application requirements for special permits. Applicants for special permits shall provide five copies of the following items:
(1) 
A written request including a completed special permit application form.
(2) 
A small-scale map showing the vicinity in which the proposed site is located.
(3) 
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) 
Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet;
(c) 
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
(d) 
The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
(e) 
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;
(f) 
The location of the floodplain boundary line, information and spot elevations concerning the BFE, and information concerning the flow of water, including direction and velocities;
(g) 
The location of all proposed buildings, structures, utilities, and any other improvements; and
(h) 
Any other information that the Borough of East Greenville considers necessary for adequate review of the application.
(4) 
Plans of all proposed buildings, structures, and other improvements, clearly and legibly drawn at suitable scale, showing the following:
(a) 
Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;
(b) 
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;
(c) 
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the BFE;
(d) 
Detailed information concerning any proposed floodproofing measures;
(e) 
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas showing all rights-of-way and pavement widths;
(f) 
Profile drawings for all proposed streets, drives, and vehicular accessways including existing and proposed grades; and
(g) 
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
(5) 
The following data and documentation:
(a) 
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/she represents;
(b) 
Certification from a registered professional engineer, architect, or landscaped architect that the proposed construction has been adequately designed to protect against damage from the BFE;
(c) 
A statement certified by a registered professional engineer, architect, landscape architect, or other qualified person that 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 BFE, including a statement concerning the effects such pollution may have on human life;
(d) 
A statement certified by a registered professional engineer, architect, or landscape architect that contains a complete and accurate description of the effects the proposed development will have on BFEs and flows;
(e) 
A statement certified by a registered professional engineer, architect, or landscape architect that 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 BFEs and flows;
(f) 
The appropriate component of DEP's "Planning Module for Land Development";
(g) 
Where any excavation or grading is proposed, a plan meeting DEP's requirements to implement and maintain erosion and sedimentation control;
(h) 
Any other applicable permits, such as, but not limited to, a permit for any activity regulated by DEP under Section 302 of Act 1978-166; and
(i) 
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.
C. 
Application review procedures. Upon receipt of an application for a special permit by the Borough of East Greenville, the following procedures shall apply in addition to those in § 95-179.9.
(1) 
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Montgomery County Planning Commission for its review and recommendations. Copies of the application shall also be forwarded to the Borough Planning Commission and Borough Engineer for review and comment.
(2) 
If an application is received that is incomplete, the Borough of East Greenville shall notify the applicant in writing, stating in what respect the application is deficient.
(3) 
If the Borough of East Greenville decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4) 
If the Borough of East Greenville approves an application, it shall file written notification, together with the application and all pertinent information, with DCED, by registered or certified mail, within five working days after the date of approval.
(5) 
Before issuing the special permit, the Borough of East Greenville shall allow DCED 30 days, after the receipt of the notification by the Department, to review the application and the decision made by the Borough of East Greenville.
(6) 
If the Borough of East Greenville does not receive any communication from DCED during the thirty-day review period, it may issue a special permit to the applicant.
(7) 
If DCED should decide to disapprove an application, it shall notify the Borough of East Greenville and the applicant, in writing, of the reasons for the disapproval, and the Borough of East Greenville shall not issue the special permit.
D. 
Special technical requirements. In addition to the requirements of § 95-179.7 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 § 95-179.7 of this article or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(1) 
No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed, and maintained in a manner which will:
(a) 
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:
[1] 
The structure will survive inundation by waters of the base flood elevation without any lateral movement or damage to either the structure itself or to any of its equipment or contents below the BFE.
[2] 
The lowest floor (including basement) will be elevated to at least 1 1/2 feet above the BFE.
[3] 
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the BFE.
(b) 
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
(2) 
All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualification, 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 of East Greenville and DCED.
A. 
Designation of the Floodplain Administrator. The Code Enforcement Officer within the Borough of East Greenville is hereby appointed to administer and enforce this article and is referred to herein as the Floodplain Administrator.
B. 
Permits required. A permit shall be required before any proposed 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 or subdivision, the permit referred to here would be the special permit of § 95-179.8.
C. 
Duties and responsibilities of the Floodplain Administrator. The Floodplain Administrator may i) fulfill the duties and responsibilities set forth in these regulations; ii) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or iii) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(1) 
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.
(2) 
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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] 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.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
(3) 
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.
(4) 
During the construction period, the Floodplain Administrator, or other authorized official, may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Borough of East Greenville laws and ordinances. The Floodplain Administrator shall make as many inspections, during and upon completion of the work, as are necessary.
(5) 
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.
(6) 
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 an applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Borough Council for whatever action it considers necessary.
(7) 
The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this article, including, but not limited to, permitting, inspection, and enforcement.
(8) 
The Floodplain Administrator shall consider the requirements of 34 Pa. Code, and the 2009 IBC and 2009 IRC, or latest revisions thereof.
(9) 
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.
(10) 
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Borough Engineer.
(11) 
The responsibility, authority, and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the Floodplain Administrator/Manager.
D. 
Application procedures and requirements.
(1) 
Application for a permit shall be made, in writing, to the Floodplain Administrator on forms provided by the Borough of East Greenville. Such application shall contain, or be accompanied by, the following specific information:
(a) 
Name and address of the applicant.
(b) 
Name and address of the owner of land on which proposed construction is to occur.
(c) 
Name and address of the contractor.
(d) 
Site location including addresses.
(e) 
Listing of other permits or variances required.
(f) 
Brief description of work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred, where applicable.
(2) 
If any proposed construction or development is located entirely or partially within the 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:
(a) 
All such proposals are consistent with the need to minimize flood damage and conform to the requirements of this and all other applicable codes and ordinances.
(b) 
All utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage.
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(d) 
Structures will be anchored to prevent flotation, collapse, or lateral movement.
(e) 
Building materials are flood-resistant.
(f) 
Appropriate practices that minimize flood damage have been used.
(g) 
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.
(3) 
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.
(a) 
A completed permit application form.
(b) 
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] 
Topographic contour lines, if available.
[3] 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development.
[4] 
The location of all existing streets, drives, and other accessways.
[5] 
The location of any existing bodies of water or watercourses, the Floodplain Conservation District, and information pertaining to the floodway, and the flow of water including direction and velocities, if available.
(c) 
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:
[1] 
The proposed lowest floor elevation (including basement) of any proposed building based upon NAVD of 1988.
[2] 
The elevation of the base flood.
[3] 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC, or the 2009 IRC, or latest revisions thereof.
(d) 
The following data and documentation:
[1] 
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[2] 
A document certified by a registered professional engineer or architect that states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact, and uplift forces associated with the BFE. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or development.
[3] 
Detailed information needed to determine compliance with §§ 95-179.5B(14)(d) and 95-179.7D(6), including:
[a] 
The amount, location, and purpose of any materials or substances referred to in § 95-179.7C and D(6) that are intended to be used, produced, stored, or otherwise maintained on the site.
[b] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 95-179.7C during a base flood.
[4] 
The appropriate component of DEP's "Planning Module for Land Development."
[5] 
Where any excavation or grading is proposed, a plan meeting the requirements of the DEP to implement and maintain erosion and sedimentation control.
(e) 
Applications for a permit within the Floodplain Conservation District shall be accompanied by a fee, payable to the Borough of East Greenville based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator at the following rates:
Estimated Cost
Fee
$0 to $200
$0
$201 to $1,000
$5
Each additional $1,000 or part thereof beyond the first $1,000
$1
E. 
Review by Montgomery County Conservation District. A copy of all applications and plans for any proposed construction or development in the 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 County Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.
F. 
Review of application by others. A copy of all plans and applications for any proposed construction or development in the 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) for review and comment.
G. 
Changes. 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 the Floodplain Administrator for consideration.
H. 
Placards. 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 permit number, the date of its issuance, and be signed by the Floodplain Administrator.
I. 
Start of construction.
(1) 
Work on the proposed construction and/or development shall begin within 180 days after the date of issuance of the permit 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.
(2) 
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 and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
J. 
Enforcement.
(1) 
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 provision of this article, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice, in writing, of such alleged violation as hereinafter provided. Such notice shall:
(a) 
Include a statement of the reasons for its issuance.
(b) 
Allow a reasonable time, not to exceed a period of 30 days, for the performance of any act it requires.
(c) 
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 commonwealth.
(d) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article, or any part thereof, and with the regulation adopted pursuant thereto.
(2) 
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, or direction of the Floodplain Administrator, or any other authorized employee of the Borough of East Greenville, shall pay a fine to the Borough of not less than $25 nor more than $300, plus costs of prosecution. In default of such payment, such person shall be imprisoned in Montgomery County prison for a period not to exceed 10 days. Each day during which any violation of the provisions of this article continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including an action in equity, for the proper enforcement of this article. 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 the Borough Council to be a public nuisance and abated as such.
K. 
Appeals.
(1) 
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this article may appeal to the Zoning Hearing Board. Such appeal shall be filed, in writing, within 30 days after the decision, determination, or action of the Floodplain Administrator.
(2) 
Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code[4] and any other local ordinance.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this state, including the Pennsylvania Flood Plain Management Act.[5]
[5]
Editor's Note: See 32 P.S. § 679.101 et seq.