[Added 11-18-1974 by Ord. No. 74-336; amended 5-12-1975 by Ord. No. 75-344; 11-8-1976 by Ord. No. 76-361; 11-14-1977 by Ord. No.
77-379; 9-24-1979 by Ord. No. 79-398; 12-31-1979 by Ord. No. 79-403; 1-19-1981 by Ord. No. 81-418; 11-14-1983 by Ord. No. 83-457; 2-22-1988 by Ord. No. 88-529; 12-19-1996 by Ord. No. 96-654; 12-19-1996 by Ord. No. 96-657; 12-19-1996 by Ord. No. 96-658; 10-7-1999 by Ord. No. 99-695; 6-16-2005 by Ord. No. 2005-745; 2-18-2016 by Ord. No. 2016-844]
A.
Statutory authorization. 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 their citizenry. Therefore, the
Board of Supervisors of Upper Merion Township does hereby order as
follows:
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Legislative intent. The intent of this article is to:
(1)
Promote the general health, welfare, and safety of the community.
(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)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(5)
Comply with federal and state floodplain management requirements.
C.
District to be deemed an overlay. The Floodplain Conservation District
shall be deemed an overlay on any zoning district now or hereafter
applicable to any lot.
(1)
Should the Floodplain Conservation District be declared inapplicable
to any tract by reason of action of the Township Supervisors in amending
this article, or of the Zoning Officer, the Zoning Hearing Board or
any court of competent jurisdiction in interpreting the same, the
zoning applicable to such lot shall be deemed to be the district in
which it is located without consideration of this article.
(2)
Should the zoning of any parcel, or any part thereof, which
is located in the Floodplain Conservation District, be changed through
any legislative or administrative actions or judicial discretion,
such change shall have no effect on the Floodplain Conservation District
unless such change was included as part of the original application.
D.
Applicability.
(1)
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development use or activity within an identified floodplain area
within Upper Merion Township unless a permit has been obtained from
the Floodplain Administrator.
(2)
A permit shall not be required for minor repairs to existing
buildings or structures.
A.
Identification. The identified floodplain area shall be:
(1)
Any areas of the Township, classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated March 2, 2016, and issued
by the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof adopted by FEMA, including all digital data developed
as part of the Flood Insurance Study and the above-referenced FIS
and FIRMs, and any subsequent revisions and amendments are hereby
adopted by the Township and declared to be a part of this article.
B.
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(1)
The Floodway Area/District (FW) is identified as floodway in
the FIS which represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS.
(a)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
No new construction or development shall be allowed unless a
permit is obtained from the Department of Environmental Protection
Regional Office.
(2)
The AE Area/District without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
(a)
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the base flood elevation more than one foot at any point.
(b)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
(3)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no one-percent annual chance flood elevations have been provided.
For these areas, elevation and floodway information from other federal,
state, or other acceptable sources shall be used when available. Where
other acceptable information is not available, the base flood elevation
shall be determined by using the elevation of a point on the boundary
of the identified floodplain area which is nearest the construction
site. In lieu of the above, the municipality 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 Upper Merion Township.
(4)
Soils with a frequency of flooding of 1% or greater per year,
as delineated by the Natural Resource Conservation Service, United
States Department of Agriculture, Web-based Soil Survey (Available
online at http://websoilsurvey.nrcs.usda.gov/), including the following
soils:
C.
Changes in identification of area. The identified floodplain area
may be revised or modified by the Upper Merion Township Board of Supervisors
where studies or information provided by a qualified agency or person
documents the need for such revision. However, prior to any such change
to the special flood hazard area, approval must be obtained from FEMA.
Additionally, as soon as practicable, but not later than six months
after the date such information becomes available, a community shall
notify FEMA of the changes to the special flood hazard area by submitting
technical or scientific data.
D.
Boundary disputes. Should a dispute concerning any identified floodplain
area boundary arise, an initial determination shall be made by the
Upper Merion Township Floodplain Administrator, and any party aggrieved
by this decision or determination may appeal to the Upper Merion Township
Zoning Hearing Board. The burden of proof shall be on the appellant.
E.
Jurisdictional 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.
General. Within any identified floodplain area, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless a permit is obtained
from the Department of Environmental Protection Regional Office.
(1)
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 municipality,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection 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 shall be notified prior to any alteration
or relocation of any watercourse.
(2)
Technical or scientific data shall be submitted by the applicant
to FEMA for a letter of map revision (LOMR) as soon as practicable
but within six months of any new construction, development, or other
activity resulting in changes in the BFE. The situations when a LOMR,
or conditional letter of map revision (CLOMR), are required include:
(a)
Any development that causes a rise in the base flood elevations
within the floodway; or
(b)
Any development occurring in Zone AE without a designated floodway,
which will cause a rise of more than one foot in the base flood elevation;
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
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this article and any other
applicable codes, ordinances and regulations.
B.
Development which may endanger human life.
[Amended 6-16-2016 by Ord. No. 2016-846]
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community
and Economic Development, as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances or which
will be used for any activity requiring the maintenance of a supply
(more than 550 gallons or other comparable volume, or any amount of
radioactive substances) of any of the following dangerous materials
or substances on the premises shall be subject to the provisions of
this section, in addition to all other applicable provisions. The
following is a list of materials and substances that are considered
dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Pesticides (including insecticides, fungicides, and rodenticides).
(m)
Petroleum products (gasoline, fuel, oil, etc.).
(n)
Phosphorus.
(o)
Potassium.
(p)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(q)
Sodium.
(r)
Sulfur and sulfur products.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any Floodway Area District, any structure of the kind described in Subsection B(1), above, shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection B(1), above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with Subsections A, D, and E.
(4)
(5)
Any such structure or part thereof that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood Proofing Regulations" (United States Army
Corps of Engineers, June 1972, as amended March 1992) or with some
other equivalent watertight standard.
(6)
Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this section.
C.
Activities and obstructions prohibited. Within any identified floodplain
area, the following obstructions and activities shall be prohibited,
and no variance shall be granted:
[Amended 6-16-2016 by Ord. No. 2016-846]
D.
Design and construction standards.
(1)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure 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.
(2)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(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
any identified floodplain area except in strict compliance with all
state and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
(d)
The design and construction provisions of the IRC and IBC and
FEMA No. 348, "Protecting Building Utilities From Flood Damages,"
and the "International Private Sewage Disposal Code" shall be utilized.
(3)
Streets. The finished elevation of proposed new streets shall
be no more than one foot below the regulatory flood elevation.
(4)
Utilities. All utilities, such as gas lines and electrical and
telephone systems, being placed in flood-prone areas should be located,
elevated (where possible) and constructed to minimize the chance of
impairment during a flood.
(5)
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 to two horizontal, unless substantiated
data justifying steeper slopes is submitted to and approved by the
Floodplain Administrator.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(6)
Paints and adhesives. Where located at or below the regulatory
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).
(7)
Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 165-222B, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(8)
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 to 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 supplement the requirements of this article.
(a)
International Building Code (IBC) 2009 or the latest edition
adopted by the UCC: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402,
and Appendix G.
(b)
International Residential Building Code (IRC) 2009 or the latest
edition adopted by the UCC: Sections R104, R105, R109, R323, Appendix
AE101, Appendix E and Appendix J.
E.
Elevation and floodproofing requirements.
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation. The design and construction
standards and specifications contained in the 2009 International Building
Code (IBC) and in the 2009 International Residential Code (IRC) or
the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters
401 to 405, as amended) shall be used.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 165-221B(3) of this article.
(c)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(b)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 165-221B(3) of this article.
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood Proofing Regulations," published by the
United States Army Corps of Engineers (June 1972, as amended March
1992), or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(d)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be used.
(3)
Space below 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 must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
There shall be a 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.
(a)
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:
[1]
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.
[2]
Floor area shall not exceed 100 square feet.
[3]
The structure will have a low damage potential.
[4]
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
[5]
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
[6]
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
[a]
There shall be a minimum of two openings having
a net total area of not less than one square inch for every square
foot of enclosed space.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
F.
Existing structures in designated floodplain districts. 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 following provisions shall apply.
(1)
Existing structures located in a designated Floodway District
or area shall not be expanded or enlarged unless the effect of the
proposed expansion or enlargement on flood heights is fully offset
by accompanying improvements.
(2)
No expansion or enlargement of an existing structure shall be
allowed within the AE Area/District without floodway that would, together
with all other existing and anticipated development, increase the
base flood elevation more than one foot at any point.
(3)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
(4)
Within any Floodway Area/District, no new construction or development
shall be allowed unless a permit is obtained from the Department of
Environmental Protection Regional Office.
(5)
Within any AE Area/District without floodway, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless a permit is obtained
from the Department of Environmental Protection Regional Office.
(6)
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,
unless this provision constitutes a taking of the structure or property.
G.
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 identified floodplain areas
where base flood elevation data are not available, shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision or letter of map revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
A.
Designation of Floodplain Administrator. The Upper Merion Township
Chief Building Official is appointed to administer and enforce this
article and is referred to herein as the "Floodplain Administrator."
The Floodplain Administrator may: A) fulfill the duties and responsibilities
set forth in these regulations; B) delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees; or C) 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. In the absence
of a designated Floodplain Administrator, the Floodplain Administrator's
duties are to be fulfilled by the Upper Merion Township Manager. The
Floodplain Administrator shall consider the requirements of 34 Pa.
Code and the latest adopted Pennsylvania version of the IBC and IRC.
B.
Permits required. A permit shall be required before any construction
or development is undertaken within any identified floodplain area
of Upper Merion Township.
C.
Duties and responsibilities of Floodplain Administrator.
(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 article 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 United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
(3)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(4)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(5)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(6)
The Floodplain Administrator shall maintain all records associated
with the requirements of this article, including, but not limited
to, finished construction elevation data, permitting, inspection and
enforcement.
(7)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program.
(8)
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 this article as the Floodplain Administrator/Manager.
D.
Information required as part of permit application.
(1)
Application for such a permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by the Township. Such
application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location, including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures
in relation to the SFHA.
(2)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, 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 with the requirements of this article 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;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and 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, at a minimum of two-foot intervals;
[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,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
[2]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer,
to show that the cumulative effect of any proposed development within
an area/district with floodway (See section 89-4.A) when combined
with all other existing and anticipated development, will not increase
the base flood elevation at any point.
[4]
Documentation, certified by a registered professional engineer, to show that the cumulative effect of any proposed development within an AE Area/District without floodway [see § 165-221B(2)] when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
[5]
A document, certified by a registered professional engineer,
which states that the proposed construction or development has been
adequately designed to withstand the pressures, velocities, impact
and uplift forces associated with the base flood. 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
the development.
[6]
Detailed information needed to determine compliance with §§ 165-222D(7), Storage, and 165-222B, Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials
or substances referred to in §§ 165-22D(7) and 165-222B
which are intended to be used, produced, stored or otherwise maintained
on site.
[7]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[8]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
(4)
Applications for permits shall be accompanied by a fee, payable
to the municipality, based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
E.
Review by County Conservation District. A copy of all applications
and plans for construction or development in any designated floodplain
district to be considered for approval shall be submitted by the Floodplain
Administrator to the County Conservation District for review and comment
prior to the issuance of a permit. The recommendations of the Conservation
District shall be considered by the Floodplain Administrator for possible
incorporation into the proposed plan.
F.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment.
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
number of the permit and the date of its issuance, and shall be signed
by the Floodplain Administrator.
I.
Other permit issuance prerequisites. Prior to the issuance of any
building permit, the Code Enforcement Officer shall review the application
for the 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 Sewage Facilities
Act,[4] the Pennsylvania Water Obstructions Act of 1913[5] 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.
J.
Determination of start of construction. Work on the proposed construction
or development shall begin within 180 days after the date of issuance
and shall be completed within 12 months after the date of issuance
of the permit, or the permit shall expire unless a time extension
is granted, in writing, by the Floodplain Administrator. The "actual
start of construction" means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the "actual start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building. 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.
K.
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 provisions of this
article, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(d)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state;
(e)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this article.
(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 of direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a misdemeanor and upon conviction shall pay a fine to the Township
of not less than $25 nor more than $600 plus costs of prosecution.
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. 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 Upper Merion Township Board of
Supervisors to be a public nuisance and abatable as such.
L.
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 Upper Merion Township Zoning Hearing Board.
Such appeal must be filed, in writing, within 30 days after the decision,
determination or action of the Floodplain Administrator.
(2)
Upon receipt of such appeal, the Upper Merion Zoning Hearing
Board shall schedule a hearing within 60 days for the purpose of considering
the appeal. Public notice shall be given as required by law.
M.
Variances.
(1)
If compliance with the elevation or floodproofing requirements
stated above would result in an exceptional hardship for a prospective
builder, developer or landowner, the Township may, upon request, grant
relief from the strict application of the requirements.
(2)
Requests for variances to the strict application of the provisions
of this chapter may be granted by the Township in accordance with
the following procedures and criteria:
(a)
No variances shall be granted for any construction, development,
use or activities within any designated Floodway District (FW) that
would cause any increase in the one-hundred-year elevation.
(b)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(c)
In granting any variance, 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.
(d)
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (or prohibited activities) (§ 165-222B) or to development which may endanger human life.
(f)
In reviewing any request for a variance, the Township shall
consider but not be limited to the following:
[1]
That there is good and sufficient cause.
[2]
That failure to grant the variance would result in exceptional
hardship to the applicant.
[3]
That the granting of the variance 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.
(g)
A complete record of all variance requests 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.
(h)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the hydrostatic and hydrodynamic loads and pressures and effects of
buoyancy of the one-hundred-year flood.
N.
Technical provisions in the event of variance being granted. In granting
any variance, the Township shall attach the following technical provisions
to the proposal for which the variance has been granted. These conditions
and safeguards are necessary in order to protect the public health,
safety, and welfare of the residents of the municipality.
(1)
Pertaining to alteration or relocation of watercourses:
(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 municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection 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 Pennsylvania Department of Community and
Economic Development 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 letter of map revision (LOMR) within
six months of the completion of any new construction, development,
or other activity resulting in changes in the BFE. A LOMR or conditional
letter of map revision (CLOMR) is required for:
(a)
Any development that causes a rise in the base flood elevations
within the floodway; or
(b)
Any development occurring in Zones A1-30 and Zone AE without
a designated floodway which will cause a rise of more than one foot
in the base flood elevation; 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 any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this article
and any other applicable codes, ordinances and regulations. In addition,
when such development is proposed within the area measured 50 feet
landward from the top-of-bank of any watercourse, a permit shall be
obtained from the Department of Environmental Protection Regional
Office.
A.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Terms defined. The following definitions are intended for use in
making reasonable interpretations of the provisions contained in this
article:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent annual chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to 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 excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
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.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of water on normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that are calculated for a selected size
flood and the floodway conditions, such as wave action, bridge openings
and the hydrological effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of 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 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 that have been certified
either:
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this article.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring, mechanical or
other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
article, and includes any subsequent improvements to such structures.
Any construction started after November 16, 1977, 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.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated November 16, 1977, or most recent
revision thereof adopted by FEMA, whichever is later, and, as such,
would be required to be compliant with the regulations of the National
Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated November 16, 1977, or
most recent revision thereof adopted by FEMA, whichever is later,
and, as such, would not be required to be compliant with the regulations
of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck,
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
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.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of, a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
(or repetitive loss when a repetitive loss provision is used) regardless
of the actual repair work performed. The term does not, however, include
any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement, as defined in this article,
must 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 must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
This article supersedes any other conflicting provisions 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.
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on accepted 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 any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. Chapter 165 of the Upper Merion Township Code shall not create liability on the part of Upper Merion Township or any officer, employee, consultant or appointed professional of the Township thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
