The specific intent of the regulations contained
in this article is:
A.
To provide additional regulations covering the construction
of improvements in locations where they would likely be damaged by
floods or where they would be washed away and cause damage to downstream
properties.
B.
To prevent encroachments on the floodplain which would
cause damage to other properties on the watercourse by increasing
the height or the velocity of floods.
C.
To prevent pollution of watercourses during floods
by preventing the placing or storing in the floodway of unsanitary
or dangerous substances.
D.
To prevent excessive development in areas unfit therefor
by reasons of flooding, unsanitary conditions and related hazards.
E.
To minimize the danger to public health by protecting
water supply and natural drainage.
F.
To protect and promote the general health, welfare
and safety of property owners in and near streams and areas subject
to flooding in the Borough of Glenolden and neighboring municipalities.
G.
This article
supersedes any other conflicting provision which may be in effect
in identified floodplain areas. 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.
[Added 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
[Added 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
As used in this article, the following terms shall have the
meanings indicated:
Any area of the building having its floor below ground level
on all sides.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and evacuation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
article, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
Any structure that is:
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 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:
The lowest floor of the lowest fully enclosed area (including
basement).
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on site for more than 180 consecutive
days.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
Structures for which the start of construction commenced
on or after November 11, 1981, and includes any subsequent improvements
thereto.
A vehicle which is:
Built on a single chassis;
Not more then 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling, but as temporary
living quarters for recreational, camping, travel or seasonal use.
The one-hundred-year flood elevation level plus freeboard
safety factor of 1 1/2 feet.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to buildings, sheds, manufactured
homes, and other similar items.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not
include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
[Amended 1-12-1984 by Ord. No. 887]
A.
The identified floodplain area shall be any areas
of the Borough of Glenolden subject to the one-hundred-year flood,
which is identified as Zone A (area of special flood hazard) in the
Flood Insurance Study (FIS) dated November 18, 2009, and the accompanying
maps or the most recent revision thereof as issued by the Federal
Emergency Management Agency, including all digital data developed
as part of the Flood Insurance Study.
[Amended 8-12-1993 by Ord. No. 999, approved 8-12-1993; 11-17-2009 by Ord. No.
2068, approved 11-17-2009]
B.
The Borough Engineer shall establish the elevation
of the floodplain boundaries in any portion of the floodplain on which
there is an inquiry, by one of two methods, as follows:
(1)
If there is an elevation appearing on the FIRM at
or very close to the portion of the floodplain in question, the Borough
Engineer shall indicate this elevation in answer to the inquiry.
(2)
If there are no elevations at or very close to the
portion of the floodplain in question, the Borough Engineer shall
indicate an elevation which he shall calculate in relation to the
nearest elevation in the floodplain, preferably by interpolating between
known elevations above- and below-stream from the area in question,
measuring along the line of the stream valley.
C.
Any party aggrieved by the elevation of the floodplain as indicated on the FIRM or as determined by the Borough Engineer from elevations appearing on the FIRM as defined in Subsection B may appeal to the Zoning Hearing Board. The burden of proof in such an appeal shall be on the appellant.
D.
The Floodplain Conservation District may be revised
or modified by the Zoning Hearing Board when studies or information
provided by a qualified agency or person documents the need for such
revision. However, prior to any such change, approval must be obtained
from the Federal Insurance Administration (FIA).
E.
The Floodplain Conservation District shall be deemed
an overlay on any zoning district now or hereafter applicable to any
tract. Should the Floodplain Conservation District be declared inapplicable
to any tract by reason of any action by Borough officials or any court,
the zoning applicable to such lot shall be deemed to be the district
in which it is located, without consideration of this article.
[Amended 1-12-1984 by Ord. No. 887]
A.
The following uses and no others are permitted in
the Floodplain Conservation District:
(1)
Cultivation and harvesting of crops according to recognized
soil conservation practices, which shall in no case cause alluvial
deposits to build up the watercourses or cause undue erosion of the
floodplain.
(2)
Pasture; grazing land.
(3)
Outdoor plant nursery; orchard.
(4)
Tree farms or reforestation.
(5)
Game farm; fish hatchery (excluding structures).
(6)
Wildlife sanctuary; woodland preserves; arboretum.
(7)
Sealed public water supply wells.
(8)
Underground utility transmission lines, excluding
substations or similar structures.
(9)
Front, side or rear yards for any district.
(10)
Parking lots with a surface permeable to stormwater
where required by the regulations for the district applicable to the
lot, without consideration of this article.
(11)
Sanitary sewers and sewage pumping stations
of floodproofed design, subject to the approval of the Borough Council.
B.
The following uses shall be permitted in the Floodplain Conservation District when authorized as special exceptions by the Zoning Hearing Board in accordance with the standards and conditions set forth in Subsections C, D and E of this section:
[Amended 5-14-1987 by Ord. No. 916; approved 5-14-1987]
(1)
Dams, culverts and bridges approved by the Commonwealth
of Pennsylvania, Department of Environmental Resources, if the same
has jurisdiction over the watershed in question.
(2)
Grading or regrading of lands and the construction
of retaining walls if a permit therefor has been granted by the Commonwealth
of Pennsylvania, Department of Environmental Resources, provided that
a detailed engineering study shall accompany an application for special
exception.
(3)
Recreation use, including park, day camp, picnic grove,
golf course, fishing and boating club.
(4)
Private roads and driveways.
(5)
Storm sewers.
(6)
The cutting, killing and destruction of trees over
three inches in diameter.
(7)
Alteration, extension or substantial improvement of
any structure which existed within the flood plain at the time of
the enactment of this chapter.
(8)
Other uses similar to the above, provided that the
effect is not to alter the cross-sectional profile of the stream basin
at the point of the proposed construction or use.
C.
The Zoning Hearing Board may approve an application for a special exception for the uses listed in § 162-39B of this chapter if:
[Added 5-14-1987 by Ord. No. 916]
(1)
The Zoning Hearing Board considers the standards set forth in § 162-61 of the Code of the Borough of Glenolden and determines that the issuance of a special exception would be appropriate under the circumstances; and if
(2)
The Zoning Hearing Board determines that all other
applicable standards, requirements and conditions set forth in this
Floodplain Conservation District Ordinance have been met.
D.
Approval of any special exception shall be conditioned
upon compliance with all feasible floodproofing and other requirements
necessary to minimize damage and the hindrance of flood flows and
to minimize potential danger to life and property.
[Added 5-14-1987 by Ord. No. 916; approved 5-14-1987]
E.
Under no circumstances will the Zoning Hearing Board
authorize a special exception for any of the uses, activities and/or
developments which are regulated by the Floodplain Management Act
of the Commonwealth of Pennsylvania (Act 1978, P.L. 851, No. 166,
as amended), 32 P.S. § 679.101 et seq., as amended.
[Added 5-14-1987 by Ord. No. 916]
F.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Zoning Officer to determine that:
[Added 11-17-2009 by Ord.
No. 2068, approved 11-17-2009]
(1)
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;
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage; and
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
G.
Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the information contained in § 162-41) as may be required by the Zoning Officer to make the above determination:
[Added 11-17-2009 by Ord.
No. 2068, approved 11-17-2009]
(1)
A completed building permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
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 and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development;
(e)
The location of all existing streets, drives, and other accessways;
and
(f)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
[Amended 1-21-1984 by Ord. No.
887; 5-14-1987 by Ord. No. 916]
A.
It shall be unlawful for any person, partnership,
business, corporation or other entity to undertake or cause to be
undertaken any construction, development or substantial improvement
anywhere within the Floodplain Conservation District unless a building
permit has been obtained from the Zoning Officer and all applicable
requirements of this chapter have been met.
B.
"Development" shall be defined as set forth in § 162-37.1.
[Amended 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
C.
A building permit shall not be required for minor
repairs to existing buildings or structures.
D.
Prohibited structures. The following structures are
prohibited:
(1)
Any structure which, acting alone or in combination
with an existing or future structure, could adversely affect the efficiency
or the capacity of the floodplain or adversely affect existing drainage
courses or facilities.
(2)
Structures that are associated with high flood damage
potential, not connected with permitted open space uses and structures
consistent with open space uses that could obstruct flood flows.
E.
Structure elevation. No structure or any portion thereof
shall be erected unless:
(1)
The finished surface of the ground is higher than,
or is raised by filling outside the boundaries of the floodplain to
an elevation of at least one foot above the elevation of the Floodplain
Conservation District boundary nearest to the site.
F.
Structure anchoring.
(1)
Any structure placed in the floodplain shall be firmly
anchored to prevent floodwaters from carrying it downstream. Such
anchoring shall be sufficient to withstand a flood velocity of 20
feet per second. The Zoning Officer shall require the applicant to
submit the written opinion of a registered professional engineer qualified
in hydraulics that the proposed structural design meets this standard
and to provide engineering data supporting the opinion that the structure
should withstand the force of a moving body at this particular flow.
The Zoning Officer will take this written opinion into consideration
in his decision concerning the adequacy of the method of anchoring.
(2)
Where permitted, all manufactured homes and additions
thereto shall be placed on a permanent foundation and elevated so
that the lowest floor of the manufactured home is 1 1/2 feet
above the elevation of the one-hundred-year flood and anchored to
resist flotation, collapse or lateral movement.
[Added 8-12-1993 by Ord. No. 999, approved 8-12-1993]
G.
Storage of materials. No materials that can float
or that are explosive or that are toxic to humans, animals or vegetation
shall be stored in the floodplain.
H.
Expansion of existing structures. When permitted as
a special exception by the Zoning Hearing Board, any structure within
the floodplain at the time of enactment of this chapter may be altered
or extended, provided that:
(1)
The alteration or extension conforms to all applicable
regulations of this chapter.
(2)
Any increase in volume or area shall not exceed an
aggregate of more than 25% of such volume or area during the life
of the structure.
(3)
No increase of any on-lot sewer system presently located
either wholly or partially in the floodplain is needed.
I.
Regulations relating to alteration and relocation
of watercourses and storm drainage.
(1)
No encroachment, alteration or improvement of any
kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the Borough
of Glenolden and until all required permits or approvals have been
first obtained from the Department of Environmental Resources and
Bureau of Dams and Waterway Management. In addition the Federal Emergency
Management Agency and the Pennsylvania Department of Community and
Economic Development, Bureau of Community Planning, shall be notified
by the Borough of Glenolden prior to any alteration or relocation
of any watercourse.
[Amended 11-7-2009 by Ord. No. 2068, approved 11-17-2009]
(2)
Storm drainage facilities shall be designed to convey
the flow of stormwater runoff in a safe and efficient manner. The
systems shall ensure proper drainage along streets and provide positive
drainage away from buildings. This system shall also be designed to
prevent the discharge of excess runoff onto adjacent properties.
J.
All new construction and substantial improvements
which are permitted within the Floodplain Conservation District shall:
(1)
Be constructed with materials resistant to flood damage;
(2)
Be constructed by methods and practices that minimize
flood damage; and
(3)
Be constructed with electrical, heating, ventilation,
plumbing, and air-conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
K.
All public utilities and facilities, such as sewer,
gas, electrical and water systems, which are permitted in the Floodplain
Conservation District shall be located and constructed to minimize
or eliminate flood damage. Permitted new or replacement water supply
systems and sanitary sewage systems shall be designed to minimize
or eliminate the infiltration of floodwaters into the systems. Permitted
new or replacement sanitary sewage systems shall also be designed
to minimize or eliminate discharges from the systems into floodwaters.
Permitted on-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
L.
The Zoning Officer shall obtain, review and reasonably
utilize any base flood elevation and floodway data available from
a federal, state or other source as criteria for requiring the following
within the Floodplain Conservation District:
(1)
Any new construction or substantial improvement of
any residential structure in the Floodplain Conservation District
which is permitted by this chapter shall have the lowest floor, including
the basement, elevated to at least 1/2 feet above the base flood elevation.
(2)
Any new construction or substantial improvement of
any nonresidential structure in the Floodplain Conservation District
which is permitted by this chapter shall either:
(a)
Have the lowest floor, including the basement,
elevated to at least 1 1/2 feet above the base flood elevation;
or
(b)
Together with attendant utility and sanitary
facilities:
[1]
Be floodproofed so that below the base flood
elevation the structure is watertight with walls substantially impermeable
to the passage of water;
[2]
Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy; and
[3]
Be certified by a registered professional engineer
or architect that the design and methods of construction are in accordance
with accepted standards of practice for meeting the provisions of
this paragraph.
(3)
Any encroachments, including fill, new construction,
substantial improvements and other developments which are permitted
by this chapter, shall nevertheless be prohibited in any floodway
unless a technical evaluation demonstrates that the encroachments
will not result in any increase in flood levels during the occurrence
of the base flood discharge.
M.
There shall be no new construction of, and/or substantial improvements to, any fully enclosed area below the lowest floor of a building or structure in the floodplain conservation district as defined in § 162-38.
[Added 8-12-1993 by Ord. No. 999, approved 8-12-1993; amended 11-17-2009 by Ord. No.
2068, approved 11-17-2009]
N.
Paints and adhesives:
[Added 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
(1)
Paints and other finishes used at or below the regulatory flood elevation
shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation should
be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be finished
with a marine or water-resistant paint or other finished material.
(4)
The standards and specifications contained in 34 Pa. Code (chapters
401-405) as amended, the 2003 IBC (Secs. 801.1.3, 1403.7 and Appendix
G) and the 2003 IRC (Secs. R323.1.7), as amended, shall be utilized.
O.
Electrical components:
[Added 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
(1)
Electrical distribution panels shall be at least three feet above
the one-hundred-year flood elevation level.
(2)
Separate electrical circuits shall serve lower levels and shall be
dropped from above.
(3)
The provisions relevant hereto and referenced in the UCC and 34 Pa.
Code (chapters 401-405) as amended and contained in the 2003 IBC (Sec.
1612.4), the IRC (Sec. R323.1.5), the 2000 IFGC (Secs. R301.5 and
R1601.3.8) and ASCE 24 (Chapter 8) as amended, shall be utilized.
[Amended 1-12-1984 by Ord. No. 887]
A.
Application procedures and requirements. Plans of
all proposed buildings, structures and other improvements shall be
submitted to the Zoning Officer. These plans shall be drawn at suitable
scale and shall show the following:
[Amended 5-14-1987 by Ord. No. 916, approved 5-14-1987]
B.
Prior to the issuance of any building permit, the
Zoning Officer shall review the application for a permit to determine
if all other necessary permits required by federal, state and local
laws have been obtained, including but not limited to those permits
required by the Pennsylvania Sewage Facilities Act, 35 P.S.§ 750.1
et seq. (Act 1966-537, as amended); the Pennsylvania Dam Safety and
Encroachments Act, 32 P.S. § 693.1 et seq. (Act 1978-325,
as amended); the Pennsylvania Clean Streams Law, 35 P.S. § 691.1
et seq. (Act 1937-394, as amended); the Borough Code, 53 P.S. § 45101
et seq. (Act 1966-581); the Pennsylvania Flood Plain Management regulations,
25 Pa. Admin. Code Section 106.1 et seq.; the Water Pollution Prevention
and Control Act, 33 U.S.C. § 1251 et seq.; and any other
applicable laws. Prior to the issuance of a building permit, the Zoning
Officer shall also review the application for a permit to determine
whether the proposed construction, development or substantial improvement
will be reasonably safe from flooding. No permits shall be issued
until the above determinations have been made.
C.
Granting of variances. Whenever a variance is granted,
the Borough of Glenolden shall notify the applicant in writing that:
(1)
The granting of the variance may result in increased
premium rates for flood insurance.
(2)
Such variance may increase the risks to life and property.
(3)
No variance shall be granted for any construction
development, use or activity within any floodway area that would cause
any increase in the one-hundred-year-flood elevation. A complete record
of all variance requests and related actions shall be maintained by
the Borough. In addition, all variances granted during the year shall
be included in the annual or biennial report to the Federal Emergency
Management Agency.
[Added 8-12-1993 by Ord. No. 999, approved 8-12-1993; 11-17-2009 by Ord. No. 2068,
approved 11-17-2009]
D.
Nonconforming structures. Structures existing in the
Floodplain Conservation District prior to the enactment of this chapter
may continue to remain, provided that:
(1)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this chapter.
(2)
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 greatest extent possible.
[Amended 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
A.
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, flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. The provisions of foregoing ordinances do not
imply that areas outside any identified floodplain areas or that land
uses permitted within such areas will be free from flooding or flood
damages.
B.
This article
shall not create liability on the part of the Borough of Glenolden
or any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully
made thereunder.
C.
The grant
of a zoning permit or approval of a plan in the Floodplain Conservation
District shall not constitute a representation, guaranty or warranty
of any kind by the Borough or by any official or employee thereof
of the practicability or safety of the proposed use and shall create
no liability upon the Borough, its officials or employees.
