[HISTORY: Adopted by the Board of Supervisors of the Township of
East Norriton 11-18-1985 by Ord. No. 221.
Amendments noted where applicable.]
In order to prevent excessive damage to buildings and structures due
to flooding conditions, the following provisions shall apply to all proposed
construction or development occurring in the FP Floodplain Conservation District
designated in the East Norriton Township Zoning Ordinance, as amended.[1]
A.
All new construction and substantial improvements of
structures shall have the lowest floor, including the basement, elevated to
at least 1 1/2 feet above the base flood elevation.
B.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to the base
flood elevation.
C.
Existing structures located in a designated floodway
shall not be expanded or enlarged unless the effect of the proposed expansion
or enlargement on flood heights is fully offset by accompanying stream improvements.
D.
For all new construction and substantial improvements,
those fully enclosed areas below the lowest floor that are usable solely for
parking of vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces and exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be certified
by a registered professional engineer or architect or meet or exceed the following
minimum criteria:
[Added 12-19-1996 by Ord. No. 377]
(1)
A minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
(2)
The bottom of all openings shall be no higher than one
foot above grade.
(3)
Openings may be equipped with screens, louvers, valves
or other coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
A.
All new construction and substantial improvements of
nonresidential structures shall have the lowest floor, including the basement,
elevated or floodproofed to at least 1 1/2 feet above the base flood
elevation.
B.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated or floodproofed to the base flood
elevation.
C.
Existing structures located in a designated floodway
shall not be expanded or enlarged unless the effect of the proposed expansion
or enlargement on flood heights is fully offset by accompanying stream improvements.
D.
For all new construction and substantial improvements,
those fully enclosed areas below the lowest floor that are usable solely for
parking of vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces and exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be certified
by a registered professional engineer or architect or meet or exceed the following
minimum criteria:
[Added 12-19-1996 by Ord. No. 377]
(1)
A minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
(2)
The bottom of all openings shall be no higher than one
foot above grade.
(3)
Openings may be equipped with screens, louvers, valves
or other coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
Structures located within the Floodplain Conservation District may be
rebuilt if destroyed by fire or other catastrophe, provided that the reconstruction
will not result in an increase in the base flood elevation, as referenced
in the Flood Insurance Study, East Norriton Township.
If fill is used to raise the finished surface of the lowest floor 1 1/2
feet above the base flood elevation, the following requirements apply:
A.
Fill shall extend beyond a structure for a sufficient
distance to provide acceptable access. For residential structures, fill shall
extend laterally 15 feet beyond the building line from all points. For nonresidential
structures, fill shall be placed to provide access acceptable for the intended
use. At-grade access, with fill extending laterally 15 feet beyond the building
line, shall be provided to a minimum of 25% of the perimeter of a nonresidential
structure.
B.
Fill shall consist of soil or rock materials only.
C.
Fill material shall be compacted to provide the necessary
stability and resistance to erosion, scouring or settling.
D.
Fill slopes shall be no steeper than one vertical on
two horizontal, unless substantiating data justifying steeper slopes are submitted
to and approved by the Building Inspector.
E.
Fill shall be used only to the extent to which it does
not adversely affect adjacent properties.
All buildings and structures shall be constructed and placed on the
lot so as to offer the minimum obstruction to the flow of water. In so doing,
consideration shall be given to their effect upon the flow and height of floodwaters.
A.
All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation, collapse
or other movement, thus reducing the threat to life and property and decreasing
the possibility of the blockage of bridge openings and other restricted sections
of the watercourse.
B.
All air ducts, large pipes and storage tanks located
at or below the base flood elevation shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation.
Where located at or below the base flood elevation:
A.
Wood flooring 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 shall be of an exterior or marine grade and of
a water-resistant or waterproof variety.
C.
Walls and ceilings in nonresidential structures shall
have sufficient wet strength and be so installed as to survive inundation.
D.
Window frames, door frames, door jambs and other components
shall be made of metal or other water-resistant material.
A.
All electric water heaters, electric furnaces, electric
air-conditioning and ventilating systems and other electrical equipment or
apparatus shall be permitted only at elevations above the base flood elevation.
B.
No electrical distribution panels shall be allowed at
an elevation less than three feet above the base flood elevation.
C.
Separate electrical circuits shall serve lower levels
and shall be dropped from above.
A.
Water heaters, furnaces and other mechanical equipment
or apparatus shall be permitted only at elevations above the base flood elevation.
B.
All gas and oil supply systems shall be designed to preclude
the infiltration of floodwaters into the systems and discharges from the systems
into floodwaters. Additional provisions shall be made for the drainage of
these systems in the event that floodwater infiltration occurs.
Where located at or below the base flood elevation:
A.
Adhesives shall have a bonding strength that is unaffected
by inundation (i.e., marine or water-resistant quality).
B.
All wooden components (doors, trim, cabinets, etc.) shall
be sealed with a marine or water-resistant quality or similar product.
C.
Paints or other finishes shall be capable of surviving
inundation (i.e., marine or water-resistant quality).
No materials that are buoyant, flammable, explosive or, in time of flooding,
could be injurious to human, animal or plant life shall be stored below the
base flood elevation.
[Amended 12-19-1996 by Ord. No. 377]
A.
All manufactured homes, including those substantially
damaged, and any improvements thereto shall be anchored to resist flotation,
collapse or lateral movement by providing over-the-top and frame ties to ground
anchors in accordance with the following:
(1)
Over-the-top ties shall be provided at each of the four
corners of the manufactured home, with two additional ties per side at intermediate
locations for units 50 feet or more in length and one additional tie per side
for units less than 50 feet in length.
(2)
Frame ties shall be provided at each corner of the manufactured
home, with five additional ties per side at intermediate locations for units
50 feet or more in length and four additional ties per side for units less
than 50 feet in length.
(3)
All components of the anchoring system shall be capable
of carrying a force of 4,800 pounds and resisting a minimum wind velocity
of 90 miles per hour.
B.
All manufactured homes, including those substantially
damaged, and any improvements thereto shall also be elevated on a permanent
foundation in accordance with the following requirements.
(1)
The stands or lots shall be elevated on compacted fill
or on pilings so that the lowest floor of the manufactured home will be at
least 1 1/2 feet above the base flood elevation.
(3)
Adequate access for a hauler is provided.
(4)
Where pilings are used for elevation, the lots shall
be large enough to permit steps; piling foundations shall be placed in stable
soil no more than 10 feet apart; and reinforcement shall be provided for pilings
that will extend for six feet or more above the ground level.
C.
An evacuation plan indicating alternate vehicular access
and escape routes shall be filed with the appropriate disaster preparedness
authorities for manufactured home parks and manufactured home subdivisions.
D.
Placement of a manufactured home on a lot or in a manufactured
home park shall require a building permit under this chapter.
A.
If compliance with the elevation or floodproofing requirements
stated in this chapter would result in an exceptional hardship for a prospective
builder, developer or landowner, the Township Supervisors may, upon request,
grant relief from the strict application of the requirement.
B.
Relief issued shall conform to the following general
guidelines:
(1)
Any new residential structure or substantial improvement
of a residential structure which cannot be elevated to 1 1/2 feet above
the base flood elevation shall be elevated to the maximum extent possible
and floodproofed for the remaining height to the above-specified level in
accordance with the requirements established for the W1 - W4 Classes in the
Office of the Chief of Engineers, United States Army, Publication Number EP
1165 2 314, June 1972, and as subsequently amended.
(2)
Any modification, alteration, reconstruction or improvement of any kind to an existing residential structure, to an extent or amount of less than 50% of its market value, which cannot be elevated and/or floodproofed to the base flood elevation shall be elevated to the maximum extent possible and floodproofed for the remaining height to the base flood elevation in accordance with the requirements established for the W3 - W4 Classes in the publication referenced in Subsection B(1).
(3)
Any new nonresidential structure or substantial improvement of a nonresidential structure which cannot be elevated or floodproofed to the required specifications shall be elevated to the maximum extent possible and floodproofed for the remaining height to at least 1 1/2 feet above the base flood elevation or floodproofed to at least 1 1/2 feet above the base flood elevation. The floodproofing measures shall satisfy the requirements of the W3 - W4 Classes in the publication referenced in Subsection B(1).
(4)
Any modification, alteration, reconstruction or improvement of any kind to an existing nonresidential structure, to an extent or amount of less than 50% of its market value, which cannot be elevated or floodproofed to the base flood elevation shall be elevated to the maximum extent possible and floodproofed for the remaining height to the base flood elevation or be floodproofed to the base flood elevation. The floodproofing measures shall satisfy the requirements of the W3 - W4 Classes in the publication referenced in Subsection B(1).
C.
Requests for relief from the strict application of the
provisions of this chapter may be granted by the Township in accordance with
the following procedures and criteria:
(1)
No relief shall be granted for any construction, development,
use or activity within any floodway that would cause any increase in the base
flood elevation.
(2)
If granted, relief shall involve only the least modification
necessary.
(3)
In granting relief, the Township 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
chapter.
(5)
In reviewing any request for relief, the Township shall
consider but not be limited to the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the relief would result in exceptional
hardship to the applicant.
(c)
That the granting of the relief will not result in any
unacceptable or prohibited increased flood heights, additional threats to
public safety or extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with any other applicable local
or state ordinances and regulations.
(6)
A complete record of all requests for relief and related
actions shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual report to
the Federal Insurance Administration.
[Amended 12-19-1996 by Ord. No. 377]
To ensure that the aforementioned flood damage controls are being employed
in all new construction and improvements within the Floodplain Conservation
District, the Building Inspector shall provide the applicant information concerning
the location of the district boundaries relative to his proposed construction
or improvements and the water surface elevation of the one-hundred-year flood
at the proposed construction site. The source of this information shall be
the Flood Insurance Study for East Norriton Township, as prepared by the Federal
Emergency Management Agency (FEMA), in the Flood Insurance Study and on the
accompanying maps, dated December 19, 1996, or the most recent revision thereof.
In addition to the permit application requirements normally required
under the East Norriton Township Building Code,[1] as amended, the Township Building Inspector shall require the
following specific information to be included as part of the application for
a building permit:
A.
For structures to be elevated:
(1)
A plan showing the size of the proposed structure and
its relation to the lot where it is to be constructed.
(2)
A determination of elevations of the existing ground,
proposed finished ground and lowest floors certified by a registered professional
engineer, surveyor or architect.
(3)
Plans showing the method of elevating the proposed structure,
including details of proposed fills, pile structures, retaining walls, foundations,
erosion protection measures, etc. When required by the Building Inspector,
these plans shall be prepared by a registered professional engineer or architect.
(4)
Plans showing the methods used to protect utilities (including
sewer, water, telephone, electric, gas, etc.) from flooding to an elevation
at least one foot above the base flood elevation at the building site.
B.
For structures to be floodproofed:
(1)
Plans showing details of all floodproofing measures,
prepared by a registered professional engineer or architect, and showing the
size of the proposed structure and its relation to the lot where it is to
be constructed.
(2)
A determination of elevations of existing ground, proposed
finished ground, lowest floors and floodproofing limits, certified by a registered
professional engineer, surveyor or architect.
(3)
A certificate prepared by the registered professional engineer or architect who prepared the plans in Subsection B(1) above that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
(a)
Below an elevation one foot above the base flood elevation,
the structure is watertight with walls substantially impermeable to the passage
of water.
(b)
The structure will withstand the hydrostatic, hydrodynamic,
buoyant, impact and other forces resulting from the flood depths, velocities,
pressures and other factors associated with the base flood.
C.
For structures to be floodproofed in accordance with
the W3 - W4 Class requirements in the Office of the Chief of Engineers, United
States Army, Publication Number EP 1165 2 314, June 1972, and as subsequently
amended:
(1)
Plans showing details of all floodproofing measures,
prepared by a registered professional engineer or architect, and showing the
size of the proposed structure and its relation to the lot where it is to
be constructed.
(2)
A determination of elevations of existing ground, proposed
finished ground, lowest floors and floodproofing limits, certified by a registered
professional engineer, surveyor or architect.
(3)
A certificate prepared by the registered professional engineer or architect who prepared the plans in Subsection C(1) above that the structure in question, together with attendant utility and sanitary facilities, is designed to satisfy the floodproofing requirements of the W3 - W4 Classes in the above-referenced publication.
[1]
Editor's Note: See Ch. 72, Building Construction.
A copy of all applications and plans for construction or development
in the Floodplain Conservation District to be considered for approval shall
be submitted by the Township Building Inspector to the Montgomery County Conservation
District for review and comment prior to the issuance of a building permit.
The recommendations of the Conservation District shall be considered by the
Township Building Inspector for possible incorporation into the proposed plan.
Prior to the issuance of any building permit, the Township Building
Inspector shall review the application for a permit to determine if all other
necessary governmental permits, such as those required by state and federal
laws, have been obtained, including those required by Act 537, the Pennsylvania
Water Obstruction Act of 1913 and the Federal Water Pollution Control Act
Amendments of 1972, Section 404, 33 U.S.C. § 1334. No permit shall
be issued until this determination has been made.
For purposes of implementation of these provisions, "start of construction" shall be considered as defined in § 105-20 of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
The flood which has been selected to serve as the basis upon which
the floodplain management provisions of this chapter and other ordinances
have been prepared; for purposes of this chapter, the one-hundred-year flood,
as referenced in the current East Norriton Township Flood Insurance Study,
prepared by the Federal Insurance Administration, Federal Emergency Management
Agency.
[Amended 12-19-1996 by Ord. No. 377]
The one-hundred-year flood elevation, as referenced in the East Norriton
Township Flood Insurance Study, prepared by the Federal Insurance Administration,
Federal Emergency Management Agency. Within the approximated floodplain, the
one-hundred-year flood elevation shall be established as a point on the boundary
of the approximated floodplain nearest to the construction site in question.
[Amended 12-19-1996 by Ord. No. 377]
Any area of the building having its floor subgrade (below ground
level) on all sides.
[Added 12-19-1996 by Ord. No. 377]
The construction, reconstruction, renovation, repair, extension,
alteration or relocation of a building or structure, including the placement
of manufactured homes.
Any man-made change to improved or unimproved real estate, including
but not limited to, buildings or other structures, the placement of manufactured
homes, streets and other paving, mining, dredging, filling, grading, excavation
or drilling operations, storage of equipment or materials and the subdivision
of land.
[Amended 12-19-1996 by Ord. No. 377]
A temporary condition of partial or complete inundation of normally
dry land areas.
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 or structures
and their contents. Such measures are set forth in floodproofing regulations
published by the Office of the Chief Engineer, United States Army, Publication
Number EP 1165 2 314, June 1972, and as subsequently amended. "Floodproofing"
measures for all new construction and substantial improvements of structures
shall satisfy the requirements of the Completely Dry Spaces (W1) and Essentially
Dry Spaces (W2) Classes referenced in these regulations. In said publication,
where reference is made to below or above the BFD (base flood datum), it shall
be interpreted as meaning below or above the base flood elevation. Said regulations
are contained in the Building Code of East Norriton Township, as amended.[1]
Any structure that is:
[Added 12-19-1996 by Ord. No. 377]
Listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual listing
on the National Register;
Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic district
or a district preliminarily determined by the Secretary to qualify as a registered
historic district;
Individually listed on a State Inventory of Historic Places in states
with historic preservation programs which have been approved by the Secretary
of the Interior; or
Individually listed on a Local Inventory of Historic Places in communities
with historic preservation programs that have been certified either by an
approved state program as determined by the Secretary of the Interior or directly
by the Secretary of the Interior in states without approved programs.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access or storage in an area is not considered a building's lowest
floor, provided that such enclosure is not built as to render the structure
in violation of the applicable nonelevation design requirements of this chapter.
[Added 12-19-1996 by Ord. No. 377]
A structure, transportable in one or more sections, which is built
on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. It does not include recreational
vehicles or travel trailers. The term includes, but is not limited to, the
definition of a "mobile home" as set forth in regulations governing the Mobile
Home Safety and Construction Standards Program (24 CFR 3282.7a).
Structures for which the start of construction, as herein defined,
commenced on or after the effective date of this chapter. This term does not
apply to any work on a structure existing before the effective date of this
chapter.
A flood that has one chance in 100, or a one-percent chance, of being
equaled or exceeded in any given year; for the purposes of this chapter, the
"one-hundred-year flood" (base flood) as defined by the Federal Insurance
Administration, Federal Emergency Management Agency, in the Flood Insurance
Study, East Norriton Township.
[Amended 12-19-1996 by Ord. No. 377]
A vehicle which is built on a single chassis; 400 square feet or
less when measured at the largest horizontal projection; designed to be self-propelled
or permanently towable by a light-duty truck; and designed primarily not for
use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
[Added 12-19-1996 by Ord. No. 377]
The first placement of permanent construction of a structure, other
than a manufactured home, on a site, such as the pouring of slabs or footings
or any work beyond the stage of excavation. Permanent construction does not
include any 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 as part of
the main structure. For a structure, other than a manufactured home, without
a basement or poured footings, the start of construction includes the first
permanent framing or assembly of the structure or any part thereof on its
piling or foundation. For manufactured homes not within a manufactured home
park or manufactured home subdivision, start of construction means the affixing
of the manufactured home to its permanent site. For manufactured homes within
manufactured home parks or manufactured home subdivisions, start of construction
is the date on which the construction of facilities for servicing the site
on which the manufactured home is to be affixed (including, at a minimum,
the construction of streets, either final site grading or the pouring of concrete
pads, and installation of utilities) is completed.
Anything constructed or erected on the ground or attached to the
ground, including but not limited to buildings, factories, sheds, cabins,
manufactured homes and other similar items.
Damage of any origin sustained by a structure whereby the costs 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.
[Added 12-19-1996 by Ord. No. 377]
Any repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds 50% of the market value of the structure either
before the improvement or repair is started or, if the structure has been
damaged and is being restored, before the damage occurred. For the purposes
of this definition, substantial improvement is considered to occur when the
first alteration of any wall, ceiling, floor or other structural part of the
building commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing state
or local health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions; or
Any alteration of a structure listed on a National Register of Historic
Places or a State Inventory of Historic Places.
[1]
Editor's Note: See Ch. 72, Building Construction.
A.
The degree of flood protection sought by the provisions
of this chapter is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur on rare
occasions. Flood heights may be increased by man-made or natural causes such
as ice jams and bridge openings restricted by debris. This chapter does not
imply that areas outside the Floodplain Conservation District or that land
uses permitted within such district will be free from flooding or flood damage.
B.
This chapter shall not create liability on the part of
East Norriton Township or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision lawfully
made thereunder.
