B.
Yard requirements.
(1)
No building, structure, or use shall occupy any portion
of a required front, side, or rear yard except as specifically provided
in this chapter.
(2)
Front yard exceptions for existing alignment. If the
location of existing buildings on either side of a lot and within
a distance of 100 feet of the lot and fronting on the same side of
the street in the same block area is closer to the street than the
required front yard setback, the required front yard setback for the
lot shall be established as the average front yard setback of the
existing buildings on either side of the lot. The average setback
shall be the build-to line for any new or reconstructed buildings.
(3)
Corner lot yard requirements. Corner lots shall have
a front yard on both streets on which the lot has frontage in the
R1 and R2 Districts. The remaining two yards shall be side yards.
In all other zoning districts, there shall be a front yard on the
street where the building facade is located. There shall be two side
yards, one of which can be along the side street, except in the case
of attached units or two-family units where there is no side yard
when the units are joined. There shall be at least one rear yard.
(4)
Where a minimum depth of front yard is specified in
this chapter, a space at least the specified depth shall be provided
between the street line and the nearest point of any building or use.
Only landscaped areas, fences, walls, signs, drives, walks, and steps
and step platforms, none of which shall be over three feet high above
the level of the floor of the ground story, shall be permitted in
the required front yard.
(5)
Where a minimum width of side and rear yards is specified
in this chapter, no building or structure shall be erected and no
use permitted within the specified distance from either side lot line
or rear lot line, except for fences or walls of six feet or less in
height.
(6)
Additional front yard requirements. The minimum front
yard on lots abutting U.S. Route 202 or Route 179 along the Highway
Commercial and Shopping Center Districts shall be not less than 80
feet. Front yards shall be measured from the street line of the existing
roadway to the nearest structure or use on the lot.
(7)
Fire escapes and emergency egress doors may encroach
into any yard by the lesser of 3 1/2 feet or 1/3 of the required
yard.
[Added 8-8-2007 by Ord. No. 2007-09]
C.
Accessory garages and structures within required rear
yards. Required rear yards may be occupied by permitted accessory
buildings, structures, or uses, provided:
(1)
An accessory building, structure, or use shall be
situated not less than 15 feet in the RC, R1 and R2 Districts from
any side or rear yard line and not less than six feet in any other
district where residential uses are permitted. In the SC, HC, LI and
LC Districts, or any other districts, accessory buildings or structures
shall comply with the minimum yard requirements.
(2)
An accessory building, structure, or use shall not
exceed 15 feet in height measured from the ground floor to the highest
point.
(3)
Fences and walls to a height of six feet shall be
permitted in side or rear yards.
(4)
A porch, including any covered portion of a patio,
balcony or deck, shall conform to yard requirements for principal
structures.
D.
Height.
(1)
Height shall be measured in accordance with the definition in Article II of this chapter, and shall not exceed 35 feet, or three stories above grade, whichever is less, unless specifically permitted by this chapter.
[Amended 8-8-2007 by Ord. No. 2007-09]
(2)
The height limitations specified for each district
in this chapter apply to buildings and structures, except the following:
church steeples, belfries, cupolas, monuments, and flagpoles. The
maximum height for these structures shall not exceed 50 feet, and
the minimum setback from the base of any such structure and any property
line shall not be less than 50 feet.
No wall, fence or other structure shall be erected
and no hedge, trees, shrubs or other growth shall be maintained which
may cause danger to traffic on a street or public road by obscuring
the view. A clear sight triangle of 25 feet, measured along the right-of-way
lines of intersecting streets, shall be maintained, within which structures
or planting shall be limited to a height of not more than two feet
above the street grade, except that tree branches may fall in the
clear sight triangle, provided that they are either lower than two
feet or higher than eight feet above grade level.
[Amended 6-15-2010 by Ord. No. 2010-03]
Buffer yards are required in all HC Highway Commercial, SC Shopping Center, CC Central Commercial and LI Light Industrial Zoning Districts along the district boundaries separating these districts from residential districts and residential uses. Where specified in Article IV, Use Regulations, buffer yards will be required around specific uses. These uses shall not be established hereafter, nor shall existing uses be expanded unless the following buffer yard regulations are met:
A.
The buffer yard shall be measured from the district
boundary line or from the near street line where a street serves as
the district boundary line.
C.
The buffer yard may be coterminous with required front,
side or rear yards and, in case of conflict, the greater yard requirements
shall apply.
D.
No structure, parking, use, driveway, road, or storage
of materials shall be permitted in the buffer yard. Fences and walls
are not included in this restriction. A driveway may cross a buffer
yard, provided that it crosses the buffer with the minimum possible
displacement of buffer plantings.
E.
The exterior fifteen-foot width in all buffer yards
shall be of planted material. Any portion of this exterior fifteen-foot
width which is not used for screen planting shall be planted with
ground cover and shall be maintained and kept clean of all debris.
F.
All buffer yards shall include a dense screen planting
of trees, shrubs or other plant materials, or both, to the full length
of the lot line, to serve as a barrier to visibility, airborne particles,
glare and noise. Screen planting shall be in accordance with the following
requirements:
(1)
Plant materials used in the screen planting shall
be at least four feet in height when planted and be of such species
as will produce a complete visual screen.
(2)
The screen planting shall be maintained permanently,
and any plant material that does not live shall be replaced within
18 months of final project completion as certified by the Borough
Engineer or as determined by the Subdivision and Land Development
Ordinance.[1]
(3)
The screen planting shall be so placed that at maturity
it will not be closer than three feet from any street or property
line.
(4)
A clear sight triangle, as required by § 275-39 of this chapter, shall be maintained at all street intersections and at all points where private accessways intersect public streets.
(5)
The dense screen planted portion of the buffer yard
shall be mulched to control weeds and erosion and shall be maintained
and kept clean of debris and weeds.
G.
No screen planting shall be required along streets
which form district boundary lines, provided:
(1)
No outdoor processing or manufacturing activity and
no outdoor storage of equipment, vehicles, materials, or solid waste
shall be located so as to be visible from the adjacent residential
district or residential use.
(2)
Only the front elevation of any proposed building
shall be visible from the adjacent residential district or residential
use.
H.
Prior to the issuance of any zoning permit, complete
plans must be submitted to the Zoning Officer to show the arrangement
of all buffer yards and include the placement, species and size of
all plant material, and the placement, size and type of all fence
material. The Zoning Officer will ascertain their compliance with
this chapter.
I.
Any portion of a lot in nonresidential use which is
not used for buildings, structures, parking, aisles, sidewalks, or
designated storage areas shall be planted with an all-season ground
cover and shall be landscaped and maintained according to an overall
plan.
J.
All mechanical and electrical equipment not enclosed
in a building shall be fully screened from view from any point visible
from a public street or an adjacent residential use in a manner compatible
with the architectural and landscaping style of the lot so that it
blends with the landscape.
A.
General standards. Outdoor lighting, excepting streetlights,
for all residential and nonresidential uses shall be designed to minimize
undesirable off-premises effects. No glare or direct light source
shall be visible beyond the lot lines. This applies to all pole-mounted
lights, building-mounted lights, sign lights, walkway lights, and
any other type of illumination. No light shall shine directly into
windows or onto streets and driveways off the premises. These standards
shall not apply to holiday lights that are temporarily displayed during
holiday seasons. These regulations apply in addition to any other
Borough lighting ordinances or regulations that may be in effect.
B.
Types of pole-mounted lights permitted. Lighting shall be provided by fixtures with a height not more than 18 feet above finished grade in all zoning districts, except for the use in § 275-17H, theater, where light standards may not exceed 15 feet in height. Height shall be measured from the ground to the uppermost point of the light fixture. Light fixtures shall be fully shielded fixtures.
[Amended 2-18-2014 by Ord. No. 2014-01]
C.
Lighting plan required. Any outdoor lighting, such
as pole-mounted, building, sign, canopy, or sidewalk illumination,
and driveway lights, shall be shown on the lighting plan in sufficient
detail to allow determination of the effects to adjacent properties,
traffic safety and overhead sky glow. The Borough must approve any
lighting plan which is part of a conditional use, special exception,
land development, or zoning permit application.
D.
Light at the property line. Illumination from light
originating on the site shall not exceed 0.5 footcandle at the lot
line.
All uses shall meet the following standards
for protecting lands with natural resource restrictions. Site alterations,
grading, filling, or clearing of vegetation prior to the submission
of plans for development shall be a violation of this chapter.
A.
Floodplains.
[Amended 10-7-2008 by Ord. No. 2008-06]
(1)
All floodplains, as determined by this subsection,
shall represent one-hundred-year floodplains and shall be 100% protected
from disturbance, clearing, or grading, except as permitted by this
chapter.
(2)
The floodplain shall consist of all land shown on
the Flood Insurance Rate Map, dated May 18, 1999, or the most recent
revision thereof, for New Hope Borough, Bucks County, Pennsylvania,
by the Federal Emergency Management Agency as one-hundred-year floodplains.
(3)
In the absence of a delineated floodplain on the rate
map, floodplains shall be determined either as alluvial soils on the
Bucks County Soils Survey, as amended, or by hydraulic evaluation
of a one-hundred-year storm event flood condition using HEC-RAS or
other accepted engineering methodology approved by the Borough Engineer.
(4)
Amendments to the most recent Bucks County Soils Survey may be the result of studies performed by certified soil scientists, said studies being approved by the Borough Engineer, and reestablishing limits of alluvial soils. Areas identified as floodplains by use of the alluvial soil method shall represent lands protected as if they qualify as floodways under § 275-43.
(5)
Use of hydraulic analysis to identify floodplains will result in either delineation of floodway and flood-fringe limits or shall also result in the entire one-hundred-year floodplain being protected under § 275-43 as if it qualified as floodway.
(6)
All analysis for the determination of floodplain limits
shall be on a predevelopment basis.
B.
Steep slopes. On lands with steep slopes that exceed
an area of 100 square feet, the following standards shall apply:
(1)
Slopes of 8% to 15%: no more than 50% of such areas
shall be developed and/or graded or stripped of vegetation.
(2)
Slopes of 16% to 25%: no more than 30% of such areas
shall be developed and/or graded or stripped of vegetation.
(3)
Slopes of 25% or more: no more than 15% of such areas
shall be developed and/or graded or stripped of vegetation.
C.
Woodlands and trees.
(1)
No more than 40% of any woodland may be cleared or
developed. The remaining 60% shall be protected. No trees shall be
cleared on any lands proposed for development or before approval of
a final land development plan.
(2)
The planting, pruning or removal of any shade tree
shall not be undertaken without issuance of a permit by the Shade
Tree Commission. The Shade Tree Commission may require reasonable
replacement of any removed shade tree as a condition of its approval.
In addition, any non-shade tree in excess of 15 inches in caliper
shall not be removed except as provided below.
[Amended 8-8-2007 by Ord. No. 2007-09; 6-15-2010 by Ord. No.
2010-03]
(a)
An individual property owner need not obtain a permit to cut down a tree measuring less than 15 inches in caliper as part of normal home maintenance and upkeep. Trees 15 inches in caliper and greater shall not be removed except as stated in Subsection C(2)(b) below.
(b)
The Zoning Officer shall issue a permit to an individual property
owner to cut down any non-shade tree greater than 15 inches in caliper
if the property owner presents a report prepared by a certified arborist
that such tree is diseased, dead or constitutes a hazardous condition
or nuisance and must be removed.
D.
Wetlands. "Wetlands" are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soils conditions; or those areas of lands defined as wetlands in either a) the United States Army Corp of Engineers Wetlands Delineation Manual; or b) the Pennsylvania Department of Environmental Protection Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified. Where differences between the foregoing criteria exist, the most restrictive criteria will be used in any particular case. For the purposes of this definition and for its application to this chapter, the "most restrictive criteria" shall mean the criteria that cause the preservation of the most extensive area of wetlands. No wetland areas may be graded, filled, developed, or in any way disturbed.
E.
Streams, waters of the commonwealth, waters of the
US, and watercourses. No development, filling, piping, or diverting
shall be permitted in streams or watercourses. Any application to
disturb streams, waters of the commonwealth, waters of the US or watercourses
made to the Borough shall be accompanied by a permit from all state
and federal agencies with jurisdiction.
F.
Riparian buffer. A riparian buffer shall be established
along Aquetong (also known as "Ingham") Creek and Dark Hollow Run.
The buffer shall be 20 feet in width measured from the top of bank
of the stream and extending on both sides of the stream. The area
of the riparian buffer may be counted as part of the minimum lot area.
The purpose of the buffer is to protect water quality, prevent erosion
and sedimentation, and prevent flooding. Within the riparian buffer,
there shall be no grading, removal of vegetation, building, disturbance,
or placement of structures.
G.
Areas with natural resource restrictions due to slopes,
woodlands, wetlands, floodways, streams, watercourses, and riparian
buffer areas shall be left undisturbed to the extent specified herein
and shall not be occupied by structures, driveways, parking areas,
or other improvements. No portion of the building envelope or yard
areas in which parking or accessory structures are permitted shall
be occupied by natural resources as defined above.
H.
Areas outside of the building envelope of the lot
(the area of the lot excluding all required yard areas, setbacks,
and easements) may contain natural resources as defined herein, provided
that those areas so affected must be identified on the recorded plans
for the subdivision or land development or on the zoning or building
permit application and shall be subject to a recorded deed restriction
to be approved by the Borough Solicitor to prevent any disturbance
or development of these areas.
I.
Erosion and sedimentation control and drainage. Wherever
the topography and vegetation are to be disturbed, a plan for the
control of erosion and sediment and grading is required. It shall
be unlawful to pave, fill, strip or change the existing grade of any
land; and it shall be unlawful to disturb, modify, divert, block,
or affect the natural overland or subsurface flow of stormwater within
the Borough without first securing all required state permits and
a zoning permit. If required by the Bucks County Conservation District,
a soil erosion and sediment control plan shall be reviewed and approved
by that agency prior to the issuance of a zoning permit.
J.
Maximum number of dwelling units. Where a density
factor is established in this chapter, multiply the base site area
by the maximum density ratio to determine the maximum number of dwelling
units permitted.
[Added 8-8-2007 by Ord. No. 2007-09]
[Amended 6-13-2008 by Ord. No. 2007-08; 10-7-2008 by Ord. No. 2008-06; 6-13-2007 by Ord. No. 2007-08; 8-8-2007 by Ord. No. 2007-09; 1-20-2015 by Ord. No.
2015-01]
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 its citizenry. Therefore, the Council
of the Borough of New Hope does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
General provisions.
(1)
Intent. The intent of this section is to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
Applicability.
(a)
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development anywhere within the Borough of New Hope unless a permit
has been obtained from the Floodplain Administrator.
(b)
A permit shall not be required for minor repairs to existing
buildings or structures.
(3)
Abrogation and greater restrictions. This section 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 section, the more restrictive shall apply.
(4)
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this section shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the section, which shall remain in full force and effect, and for
this purpose the provisions of this section are hereby declared to
be severable.
(5)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this
section 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 section
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.
(b)
This section shall not create liability on the part of the Borough
of New Hope or any officer or employee thereof for any flood damages
that result from reliance on this section or any administrative decision
lawfully made thereunder.
C.
Administration.
(1)
Designation of the Floodplain Administrator.
(a)
The provisions of this chapter, and § 275-68, Zoning Officer; appointment; powers and duties, of the Floodplain Ordinance, shall be administered and enforced by the Zoning Officer. The Zoning Officer shall be appointed by the Borough Council and shall hold no other office in the Borough. The Zoning Officer is hereby given the power and authority of the Floodplain Administrator to enforce the regulations contained in § 275-68.
(b)
The Floodplain Administrator may:
[1]
Fulfill the duties and responsibilities set forth in these regulations;
[2]
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
[3]
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
Section 59.22.
(c)
In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Code Official.
(2)
Permits required. A permit shall be required before any construction
or development is undertaken within any area of the Borough of New
Hope.
(3)
Duties and responsibilities of the Floodplain Administrator.
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this section and all other
applicable codes and ordinances.
(b)
Prior to the issuance of any permit, the applicant shall secure
the necessary government permits required by state and federal laws
and provide copies to the Floodplain Administrator. No permit shall
be issued until these copies have been provided.
(c)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. The Floodplain Administrator shall make as many inspections
during and upon completion of the work as are necessary.
(d)
In the discharge of his/her duties, the Floodplain Administrator,
upon issuance of an administrative warrant, 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 section.
(e)
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 Council for whatever action it considers
necessary.
(f)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this section, including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(g)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program.
(h)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the Floodplain Ordinance as the Floodplain Administrator/manager.
(i)
The Floodplain Administrator shall refer all construction permits
for work in the floodplain to the Borough Certified Building Code
Official for consideration of the requirements of the 34 PA Code and
the 2009 IBC and the 2009 IRC or latest revisions thereof.
(4)
Application procedures and requirements.
(a)
Application for such a permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by the Borough of New
Hope. Such application shall contain the following:
[1]
Name and address of the applicant.
[2]
Name and address of the owner of the land on which the proposed
construction is to occur.
[3]
Name and address of the contractor.
[4]
Site location, including address.
[5]
Listing of other permits required.
[6]
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
[7]
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(b)
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 Certified Building Code Official
to document to the Floodplain Administrator that the application complies
with the following:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform to the requirements of this section and all
other applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage;
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards;
[4]
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
[5]
Building materials are flood-resistant;
[6]
Appropriate practices that minimize flood damage have been used;
and
[7]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
[1]
A completed permit application form.
[2]
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[a]
North arrow, scale, and date;
[b]
Topographic contour lines, if available;
[c]
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development;
[d]
The location of all existing streets, drives, and
other accessways; and
[e]
The location of any existing bodies of water or
watercourses, identified floodplain areas, and, if available, information
pertaining to the floodway and the flow of water, including direction
and velocities.
[3]
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
[a]
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988.
[b]
The elevation of the base flood.
[c]
Supplemental information as may be necessary under
34 PA Code, the 2009 IBC or the 2009 IRC for the Certified Building
Code Official to determine compliance.
[4]
The following data and documentation:
[a]
Detailed information concerning any proposed floodproofing
measures and corresponding elevations.
[b]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood; and Floodway Area [See § 275-43D(2)(a).] when combined with all other existing and proposed development, will not increase the base flood elevation at any point.
[c]
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the base flood.
Such statement shall include a description of the type and extent
of flood proofing measures which have been incorporated into the design
of the structure and/or the development.
[d]
Detailed information needed to determine compliance with § 275-43E(3)(f), Storage, and § 275-43E(4), Development which may endanger human life, including:
[i]
The amount, location and purpose of any materials or substances referred to in § 275-43E(3)(f) and § 275-43E(4) which are intended to be used, produced, stored or otherwise maintained on site.
[ii]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 275-43E(4) during a base flood.
[e]
The appropriate component of the Department of
Environmental Protection's Planning Module for Land Development.
[f]
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.
(d)
Applications for permits shall be accompanied by a fee as set
from time to time by the Borough, payable to the Borough based upon
the estimated cost of the proposed construction as determined by the
Floodplain Administrator.
(5)
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.
(6)
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 Floodplain Administrator for
consideration.
(7)
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, the date of its issuance, and be signed by the
Floodplain Administrator.
(8)
Start of construction.
(a)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance of the development permit.
Work shall also 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 issuance
of development permit does not refer to the zoning approval.
(b)
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.
(c)
Time extensions shall be granted only if a written request is
submitted by the applicant, who sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
D.
Identification of floodplain areas.
(1)
Identification.
(a)
The identified floodplain area shall be:
[1]
Any areas of the Borough of New Hope classified as special flood
hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs), dated March 16, 2015, and issued
by the Federal Emergency Management Agency (FEMA), or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study; and
(b)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by the Borough of New Hope and declared
to be a part of this section.
(2)
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(a)
Floodway area.
[1]
The floodway area shall be those areas identified in the FIS
and the FIRM as floodway. 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 and FIRM.
[2]
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted, unless a variance is issued and 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)
AE area.
[1]
The AE area/district shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
[2]
The AE area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(c)
A area.
[1]
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 base 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.
[2]
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 the municipality.
(3)
Changes in identification of area. The identified floodplain area may be revised or modified by the Council 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. See § 275-43E(1)(b) for situations where FEMA notification is required.
(4)
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Borough
of New Hope, and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
(5)
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.
E.
Technical provisions.
(1)
General.
(a)
Alteration or relocation of watercourse.
[1]
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the applicant
with proof submitted to the Floodplain Administrator, and until all
required permits or approvals have first been obtained from the Department
of Environmental Protection Regional Office.
[2]
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
[3]
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development, shall be notified prior to any alteration
or relocation of any watercourse.
(b)
When a community proposes to permit alteration or relocation
of a stream (including but not limited to installing culverts and
bridges) the applicant shall (as per 44 CFR Part 65.12):
[1]
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
[2]
Upon receipt of the Administrator's conditional approval of
map change and prior to approving the proposed encroachments, a community
shall provide evidence to FEMA of the adoption of floodplain management
ordinances incorporating the increased base flood elevations and/or
revised floodway reflecting the post-project condition.
[3]
Upon completion of the proposed encroachments, a community shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR Part
67.
(c)
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 section and any other
applicable codes, ordinances and regulations.
(d)
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, except as otherwise permitted
by the Department of Environmental Protection.
(2)
Elevation and floodproofing requirements.
(a)
Residential structures.
[1]
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.
[2]
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 275-43D(2)(c) of this chapter.
[3]
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 PA Code (Chapters 401 through 405, as amended) shall be
utilized, where they are more restrictive.
(b)
Nonresidential structures.
[1]
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:
[2]
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 275-43D(2)(c) of this chapter.
[3]
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
[4]
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 PA Code (Chapters 401 through 405, as amended) shall be
utilized, where they are more restrictive.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
[2]
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[a]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
(d)
Historic structures. Historic structures undergoing repair or
rehabilitation that would constitute a substantial improvement as
defined in this section, 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.
(e)
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
[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 600 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,
collapse, and lateral 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]
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.
(3)
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(a)
Fill. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from
all points;
[2]
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
[4]
Be no steeper than one foot vertical to two feet horizontal
unless substantiated data justifying steeper slopes are submitted
to and approved by the Floodplain Administrator; and
[5]
Be used to the extent to which it does not adversely affect
adjacent properties.
(b)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(c)
Water and sanitary sewer facilities and systems.
[1]
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site waste disposal 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.
[4]
The design and construction provisions of the UCC and FEMA #348,
"Protecting Building Utilities From Flood Damages," and "The International
Private Sewage Disposal Code" shall be utilized.
(d)
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(e)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(f)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 275-43E(4), Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(g)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(h)
Anchoring.
[1]
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
[2]
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(i)
Floors, walls and ceilings.
[1]
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
[2]
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
[3]
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
[4]
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(j)
Paints and adhesives.
[1]
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
[2]
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
[3]
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
(l)
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(m)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(n)
Uniform Construction Code coordination. The standards and specifications
contained in 34 PA Code (Chapters 401 through 405), as amended, and
not limited to the following provisions shall apply to the above and
other subsections of this section, to the extent that they are more
restrictive and supplement the requirements of this section.
(4)
Development which may endanger human life. Within any identified floodplain area, any structure of the kind described in § 275-43E(4)(a), below, shall be prohibited. If a variance is obtained in accordance with the criteria in § 275-43H, then the following provisions of § 275-43E(4)(b), (c), and (d) apply:
(a)
In accordance with the Pennsylvania Flood Plain Management Act,
and the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances; shall be
subject to the provisions of this section, in addition to all other
applicable provisions. The following list of materials and substances
are considered dangerous to human life:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Pesticides (including insecticides, fungicides, and rodenticides)
| |
|
Petroleum products (gasoline, fuel oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
| |
|
Sodium
| |
|
Sulphur and sulphur products
|
(b)
Within any identified floodplain area, any new or substantially improved structure of the kind described in § 275-43E(4)(a), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse, except as otherwise permitted by the Department of Environmental Protection.
(c)
Within any floodway area, any structure of the kind described in Subsection A, above, shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 275-43E(4)(a), above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with § 275-43E(1), (2), and (3).
(d)
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 275-43E(4)(a) above shall be built in accordance with § 275-43E(1), (2), and (3), including: elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; and designed to prevent pollution from the structure or activity during the course of a base flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
(5)
Special requirements for subdivisions and development. 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 and letter of map
revision. Submittal requirements and processing fees shall be the
responsibility of the applicant.
(6)
Special requirements for manufactured homes.
(a)
Within any identified floodplain area manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in § 275-43H, then the following provisions apply:
(b)
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
[1]
Placed on a permanent foundation.
[2]
Elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above base flood elevation.
[3]
Anchored to resist flotation, collapse, or lateral movement.
[4]
Have all ductwork and utilities including HVAC/heat pump elevated
to the regulatory flood elevation.
(c)
Installation of manufactured homes shall be done in accordance
with the manufacture's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing, 1984 Edition, draft
or latest revision thereto and 34 PA Code Chapters 401 through 405
shall apply.
(d)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 PA Code, as amended, where appropriate and/or applicable to
units where the manufacturer's standards for anchoring cannot be provided
or were not established for the installation of the proposed unit(s).
F.
Prohibited uses.
(1)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any identified floodplain area:
G.
Existing structures in identified floodplain areas.
(1)
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 275-43G(2) shall apply.
(2)
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(a)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area/district. No variance shall be granted
that would cause any increase in BFE.
(b)
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 section.
(c)
The above activity shall also address the requirements of the
34 PA Code, as amended, and the 2009 IBC and the 2009 IRC.
H.
Variances.
(1)
General. If compliance with any of the requirements of this section
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Borough of New Hope may, upon request,
grant relief from the strict application of the requirements.
(2)
Variance procedures and conditions.
(a)
Requests for variances shall be considered by the Borough of New Hope in accordance with the procedures contained in § 275-85 of the New Hope Borough Zoning Ordinance and the following:
[1]
No variance shall be granted for any construction, development,
use, or activity within any floodway area/district unless, as demonstrated
through hydrologic and hydraulic analysis performed in accordance
with standard engineering practice, the applicant proves that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
[2]
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 Development which may endanger human life [§ 275-43E(4)].
[5]
A complete record of all variance requests and related actions
shall be maintained by the Borough of New Hope. In addition, a report
of all variances granted during the year shall be included in the
annual report to the FEMA.
(b)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent annual chance flood.
I.
Definitions.
(1)
General. Unless specifically defined below, words and phrases used
in this section shall be interpreted so as to give this section its'
most reasonable application.
(2)
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
HISTORIC STRUCTURES
(a)
(b)
(c)
(d)
IDENTIFIED FLOODPLAIN AREA
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
(a)
(b)
(c)
(d)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VARIANCE
VIOLATION
Specific definitions. As used in this section, the following terms
shall have the meanings indicated:
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 normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard 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.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the 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:
An umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See § 275-43D(1) and (2) for the specifics on what areas the community has included in the identified floodplain area.
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 section.
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 March 16, 2015, and includes any subsequent improvements
to such structures. Any construction started after December 15, 1977,
and before March 16, 2015 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 December 15, 1977, 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 December 15, 1977, 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.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that 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
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.
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.
A grant of relief by a community from the terms of a floodplain
management regulation.
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.
A.
Requirements for all uses. No use shall be permitted
which is noxious or offensive to surrounding properties by reasons
of odor, dust, smoke, gas, vibration, illumination, or noise, or which
constitutes a public hazard by fire or explosion. No use shall create
any objectionable condition on any other property that would endanger
public health or safety or be detrimental to the use of any other
properties. All applicable standards of the Borough of New Hope, Bucks
County Department of Health, the Pennsylvania Department of Environmental
Protection, and the U.S. Environmental Protection Agency, and any
other agency with jurisdiction regarding pollution or contaminants
shall be adhered to by all uses in the Borough. This applies to fugitive
contaminants, particulate matter emissions, sulfur compound emissions,
toxic materials, and any other air contaminants regulated by the state
and federal authorities; noise, vibration, toxic materials; discharges
into watercourses or into the ground; odors, including cooking or
food odors; fire or explosive hazards; and storage of chemicals or
fuels. The most stringent standards shall apply.
B.
Environmental standards. All uses and activities,
including waste disposal, discharges, storage, sewage disposal, fuel
storage, and other use, storage or disposal of materials that can
cause damage to the air, water, soil, or property shall comply with
all requirements of the Pennsylvania Uniform Construction Code, as
amended, as well as all requirements of the Pennsylvania Department
of Environmental Protection and the United States Environmental Protection
Agency, as well as any other Borough ordinances or requirements.
A.
Planned residential developments, cluster developments,
and other uses with open space requirements shall meet the open space
standards of this chapter. All applications for land development or
subdivisions with required open space shall include documents to establish
the method by which open space shall be perpetuated, maintained and
administered. The plan and other documents shall be construed as a
contract between the landowner(s) and the municipality and shall be
noted on all deeds and shall be recorded as easements or covenants,
with language approved by the Borough Solicitor.
B.
Layout of open space. Open space shall be as close
to all residences as possible, with greenways leading to open space
and recreation spaces. Open space and recreation areas shall be located
so as to be accessible for all residents. Open space whose purpose
or resulting effect is to enhance the private yards of individual
lots shall not be considered to meet the chapter requirements for
open space and shall not be counted in the calculation of minimum
required open space. Narrow or irregular pieces of land, which serve
no public open space function or which are remnants left over after
the lots, streets, and parking areas have been laid out, shall not
be considered to meet the chapter requirements for open space and
shall not be counted in the calculation of minimum required open space.
C.
Open space preservation. All land to be set aside
and held for open space shall be so designated on plans. The plans
shall contain the following statement: "Open space land may not be
sold separately, nor shall such land be further developed or subdivided."
D.
Ownership and preservation of open space. Any of the
following methods may be used to preserve, own, or maintain open space:
condominium, homeowners' association, dedication in fee simple, or
dedication of development rights. The following specific requirements
are associated with each of the various methods.
(1)
Condominium. The open space may be controlled through
the use of condominium agreements.
(2)
Homeowners' association. The open space may be held
in common ownership by a homeowners' association.
(4)
Dedication of development rights. The Borough may
accept dedication of the development rights or a conservation easement
that ensures permanent protection of open space.
A.
In accordance with the Pennsylvania Municipalities
Planning Code, Section 603,[1] the Borough Zoning Chapter shall provide for protection
of natural and historic features and resources. This chapter also
adopts the MPC provisions that allow for overlay classifications,
including additional zoning classifications within districts, to address
places having unique historical, architectural or patriotic interest
or value.
[1]
Editor's Note: See 53 P.S. § 10603.
B.
It is the purpose of this chapter to protect the Historic District and the resources within the Historic District. The regulations in Subsection C below shall apply to all applications for zoning permits, subdivisions, and land developments for any property within the officially designated New Hope Borough Historic District.
C.
Historic overlay for buildings within the New Hope
Borough Historic District. The Historic District encompasses the historic
center of the Borough and contains valuable resources that reflect
the historic development patterns of the Borough. The Historic Overlay
is coterminous with the officially designated Historic District of
New Hope Borough, as determined and approved by the Pennsylvania Historic
and Museum Commission under PA. Act 167. To protect this area and
the architectural and historic resources, the following regulations
shall apply and are enacted in accordance with Section 605.2 (vi)
of the Pennsylvania Municipalities Planning Code.[2]
(1)
Any building or structure within the Historic District
or that has been identified as having national, state, or local architectural
or historic significance shall be preserved unless the applicant can
demonstrate to the satisfaction of the Borough Council that it is
in irreparable condition and cannot be adapted and used.
(2)
Where a subdivision or land development is proposed
for the site of any structure identified or located within the Historic
District, the lot lines of the proposed subdivision or land development
shall be drawn so as to preserve the historic context of the building,
including its outbuildings, with adequate setbacks. The Borough Council
may permit the alteration of lot sizes or setbacks on other proposed
lots within the same development in order to allow adequate land area
and setbacks to preserve the historic character of the resource, without
increasing the overall permitted density on the site. Adequate land
areas and setbacks represent a site sufficient to protect the real
estate values of the historic resource to the extent that investment
in the restoration and continued maintenance can be ensured.
(3)
Buildings within the Historic District shall not be
demolished unless the applicant has demonstrated that the buildings
cannot be adapted and used for the use intended or for any other permitted
use. No permit for demolition of an historic resource in the Borough
shall be recommended by HARB or the Planning Commission unless the
applicant provides a certified engineering report regarding the structural
stability of the resource that would indicate threats to public safety.
(4)
Where demolition is determined by the Borough Council
to be unavoidable, the future development of the property shall be
undertaken in a manner which preserves the character, front yard setback,
and design of the building removed, notwithstanding the front yard
setback that may apply within the applicable zoning district. New
or reconstructed structures shall maintain the setback of the original
building(s) and shall maintain the architectural style, scale, bulk,
and design of the buildings in the Historic District.
(5)
No building shall be demolished except in compliance
with Borough regulations. A certificate of appropriateness from the
Borough Council and a demolition permit must be granted for demolition
in accordance with Ordinance No. 2004-08, as amended.[3]
(6)
In addition to the applicable requirements under the
Pennsylvania Uniform Construction Code, as amended, any applicant
seeking a permit to demolish an identified historic resource shall
provide a site plan and file a written application stating the following
with regard to that historic resource:
(a)
Owner of record.
(b)
Site plan showing all buildings, structures,
foundations, walls, ruins, historic trees, and any other features.
(c)
Recent interior and exterior photographs of
the resource proposed for demolition.
(d)
Explanation of the reasons for demolition, based
upon a certified engineering report assessing the structural stability
of the resource.
(e)
Proposed method of demolition.
(f)
Future proposed uses of the site and the materials
from the demolished resource.
(7)
Passive demolition or demolition by neglect of historic
resources will not be used by an applicant as an excuse or justification
for an active demolition application. Demolition by neglect shall
be considered to be the readily observable deterioration of a structure
due to lack of routine maintenance, which has a detrimental effect
upon the character, stability, or structural integrity of the resource,
thereby constraining or negating the structure's ability for rehabilitation
or reuse.
(8)
Regulations applicable within the Historic District.
These regulations shall be in effect and shall apply throughout the
Historic District:
(a)
No drive-through facilities or drive-through
windows are permitted.
(b)
No retail sales of gasoline or fuel products
are permitted.
(c)
Parking shall be located to the side or rear
of the principal structures and may not be located within the front
yard or in front of the principal structure.
(d)
Architectural drawings, which shall be approved
by the Borough Council, shall be required for any new structure or
an addition to an existing structure.
(e)
No individual use shall exceed 5,000 square
feet of gross floor area, which shall be calculated as a total of
all floors within any building.
[2]
Editor's Note: See 53 P.S. § 10605, Subsection
2(vi).
A.
Uses and activities on any lot must be located within
the required building setback lines so that all required front, side
and rear yards are open and unoccupied, except where specifically
permitted by this chapter. This restriction applies to all buildings,
structures, uses, accessory structures, parking areas, outdoor activities,
and outdoor displays.
B.
Uncovered decks and patios. Only uncovered and unenclosed
decks for residential properties and uses may extend into a required
rear yard for a distance not to exceed six feet. Decks and patios
must be at ground level (i.e., no higher than two feet above the surrounding
ground level). Any deck or patio higher than two feet above ground
level shall be located within the required building setback lines
and may not encroach into yards. Decks and patios for nonresidential
uses shall be located within the building setback lines only and may
not extend into required yard areas.
