[Amended 2-14-1989 by Ord. No. 435]
The intent of this chapter is to:
A. Promote the general health, welfare and safety of the
community.
B. Encourage the utilization of appropriate construction
practices to minimize flood damage in the future.
C. Minimize danger to public health by protecting the water
supply and natural drainage.
D. Identify and accept the Flood Insurance Rate Maps (FIRM)
of the Borough of Coopersburg, Community No. 420587, as prepared and revised
from time to time by the Federal Insurance Administration, attached hereto
and made a part hereof.
E. This chapter 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 chapter, the more restrictive shall apply.
[Added 11-13-2001 by Ord. No. 548]
[Amended 2-14-1989 by Ord. No. 435; 11-13-2001
by Ord. No. 548]
A. Identification. The identified floodplain area shall
be those areas of the Borough of Coopersburg which are subject to the one-hundred-year
flood, as identified in the Flood Insurance Study (FIS) dated November 7,
2001, and the accompanying maps prepared for the Borough of Coopersburg by
the Federal Emergency Management Agency (FEMA), or the most recent revision
thereof.
B. Description of floodplain areas. The identified floodplain
area shall consist of the following specific areas:
(1) FW (Floodway Area). The areas identified as "Floodway"
in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term
shall also include floodway areas which have been identified in other available
studies or sources of information for those floodplain areas where no floodway
has been identified in the Flood Insurance Study.
(2) FF (Flood-Fringe Area). The remaining portions of the
one-hundred-year floodplain in those areas identified as an AE Zone in the
Flood Insurance Study, where a floodway has been delineated. The basis for
the outermost boundary of this area shall be the one-hundred-year-flood elevations
as shown in the flood profiles contained in the Flood Insurance Study.
(3) FE (Special Floodplain Area). The areas identified as
Zone AE in the Flood Insurance Study, where one-hundred-year-flood elevations
have been provided, but no floodway has been delineated.
(4) FA (General Floodplain Area). The areas identified as
Zone A in the FIS for which no one-hundred-year-flood elevations have been
provided. When available, information from other federal, state and other
acceptable sources shall be used to determine the one-hundred-year-flood elevation,
as well as a floodway area, if possible. When no other information is available,
the one-hundred-year elevation shall be determined by using a point on the
boundary of the identified floodplain area which is nearest the construction
site in question.
C. Changes in identification of area. The identified floodplain
area may be revised or modified by the Borough Council where studies or information
provided by a qualified agency or person documents the need for such revision.
However, prior to any such change, approval must be obtained from the Federal
Insurance Administration (FIA).
D. Boundary disputes. Should a dispute concerning any identified
floodplain boundary arise, an initial determination shall be made by the Borough
Planning Commission and any party aggrieved by this decision or determination
may appeal to the Borough Council. The burden of proof shall be on the appellant.
As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
BASEMENT
Any area of the building having its floor subgrade (below ground
level) on all sides.
BUILDING
A combination of materials to form a permanent structure having walls
and a roof. Included shall be all manufactured homes and trailers to be used
for human habitation.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure
is designed and constructed to prevent the passage of water and water vapor.
[Added 11-13-2001 by Ord. No. 548]
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of manufactured homes.
DEVELOPMENT
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.
[Amended 11-13-2001 by Ord. No. 548]
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for the passage
of some water vapor or minor seepage; the structure is substantially impermeable
to the passage of water.
[Added 11-13-2001 by Ord. No. 548]
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN AREA
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.
[Amended 11-13-2001 by Ord. No. 548]
FLOODPROOFING
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.
FLOODWAY
The designated area of a floodplain required to carry and discharge
floodwaters of a given magnitude. For the purposes of this chapter, the floodway
shall be capable of accommodating a flood of the one-hundred-year magnitude.
[Amended 11-13-2001 by Ord. No. 548]
HISTORIC STRUCTURE
Any structure that is:
[Added 11-13-2001 by Ord. No. 548]
A.
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;
B.
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 be qualified as
a registered historic district;
C.
Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either:
(1)
By an approved state program as determined by the Secretary of the Interior;
or
(2)
Directly by the Secretary of the Interior in states without approved
programs.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter as being
inundated by the one-hundred-year flood.
[Added 11-13-2001 by Ord. No. 548]
LAND DEVELOPMENT
Any of the following activities:
[Added 11-13-2001 by Ord. No. 548]
A.
The improvement of one lot or two or more contiguous lots, tracts, or
parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings, whether
proposed initially or cumulatively, or a single nonresidential building on
a lot or lots regardless of the number of occupants or tenure; or
(2)
The division or allocation of land or space, whether initially or cumulatively,
between or among two or more existing or prospective occupants by means of,
or for the purpose of streets, common areas, leaseholds, condominiums, building
groups or other features.
LOWEST FLOOR
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 chapter.
[Amended 11-13-2001 by Ord. No. 548]
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. The term includes park
trailers, travel trailers, recreational, and other similar vehicles placed
on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK
A parcel (or contiguous parcels) of land which has been planned and
improved for the placement of two or more manufactured homes.
MINOR REPAIR
The replacement of existing work with equivalent materials for the
purpose of its routine maintenance and upkeep, but not including the cutting
away of any wall, partition or portion thereof, the removal or cutting of
any structural beam or bearing support, or the removal or change of any required
means of egress, or rearrangement or parts of a structure affecting the exitway
requirements; nor shall minor repairs include addition to, alteration of,
replacement or relocation of any standpipe, water supply, sewer, drainage,
drain leader, gas, oil, waste, vent or similar piping, electric wiring or
mechanical or other work affecting public health or general safety.
[Amended 11-13-2001 by Ord. No. 548]
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after
11-13-2001, and includes any subsequent improvements thereto.
[Added 11-13-2001 by Ord. No. 548]
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection,
excavation, channel, rectification, culvert, building, fence, stockpile, refuse,
fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or floodplain area, which may impede, retard, or change the direction
of the flow of water either in itself or by catching or collecting debris
carried by such water or is placed where the flow of the water might carry
the same downstream to the damage of life and property.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years
(i.e., that has a one-percent chance of occurring each year, although the
flood may occur in any year).
PERSON
An adult, 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.
[Amended 11-13-2001 by Ord. No. 548]
RECREATIONAL VEHICLE
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; and not designed
for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
[Added 11-13-2001 by Ord. No. 548]
REGULATORY FLOOD ELEVATION
The one-hundred-year-flood elevation plus a freeboard safety factor
of 1 1/2 feet.
[Amended 11-13-2001 by Ord. No. 548]
SPECIAL PERMIT
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.
[Added 11-13-2001 by Ord. No. 548]
STRUCTURE
Anything constructed or erected on the ground or attached to the
ground, including, but not limited to, buildings, sheds, manufactured homes,
and other similar items.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any
means into two or more lots, tracts, parcels, or other divisions of land,
including changes in existing lot lines for the purpose, whether immediate
or future, of lease, transfer of ownership, or building, or lot development;
provided, however, that the division of land for agricultural purposes into
parcels of more than 10 acres, not involving any new street or easement of
access, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed
50% or more of the market value of the structure before the damage occurred.
[Added 11-13-2001 by Ord. No. 548]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market value
of the structure before the start of construction of the improvement. This
term includes structures which have incurred substantial damage regardless
of the actual repair work performed. The term does not, however, include either:
[Amended 11-13-2001 by Ord. No. 548]
A.
Any project for improvement of a structure to correct existing violations
of state or local health, sanitary or safety code specifications which have
been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or
B.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
[Amended 2-14-1989 Ord. No. 435; 11-13-2001
by Ord. No. 548]
A. Existing structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structures, the provisions of Subsection
B shall apply.
B. Improvements. The following provisions shall apply whenever
any improvement is made to an existing structure located within any identified
floodplain area:
(1) No expansion or enlargement of an existing structure
shall be allowed within any floodway area that would cause any increase in
the elevation of the one-hundred-year flood.
(2) No expansion or enlargement of an existing structure
shall be allowed within any FE area that would, together with all other existing
and anticipated development, increase the one-hundred-year-flood elevation
more than one foot any point.
(3) Any modification, alteration, reconstruction or improvement
of any kind to an existing structure shall be undertaken only in full compliance
with the provisions of this chapter.
[Amended 2-14-1989 by Ord. No. 435]
A. Variance procedures for construction within the floodplain area shall be subject to the following rules in addition to those provided in the Coopersburg Zoning Ordinance (Chapter
230).
B. If granted, a variance shall involve only the minimum
modification necessary to provide relief from the hazards identifiable within
a floodplain area.
C. Whenever a variance is granted, the Borough of Coopersburg
shall notify the applicant in writing that:
(1) The granting of the variance may result in increased
premium rates for flood insurance.
(2) Such variances may increase the risks to life and property.
D. In reviewing any request for a variance, the Borough
of Coopersburg 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
an unacceptable or prohibited increase in flood heights, additional threats
to public safety, 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.
(4) No variance shall be granted for any construction, development,
use, or activity within any floodway area that would cause any increase in
the one-hundred-year-flood elevation.
E. A complete record of all variance requests and related
actions shall be maintained by the Borough of Coopersburg. In addition, a
report of all variances granted during the year shall be included in the annual
or biennial report to the Federal Insurance Administration.
F. Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
G. In granting any variance, the Borough shall 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.
[Amended 2-14-1989 by Ord. No. 435]
A. Special permits.
(1) New construction. Special zoning/building permits shall
be required before any new construction or development shall take place within
any identified floodplain area of the Borough of Coopersburg.
(2) Alterations and improvements. Special zoning/building
permits shall be required before any alteration, repair or reconstruction
or substantial improvement of any existing building located partially or entirely
within any identified floodplain, is undertaken.
(3) Nothing withstanding the provisions of this section,
no zoning/building permit or variance shall be granted for:
(a) The commencement of any of the following activities;
or the construction, enlargement, or expansion of any structure used, or intended
to be used, for any of the following activities:
(b) The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement to
an existing manufactured home park or manufactured home subdivision.
(c) 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) or any of the following dangerous materials or
substances on the premises:
[11] Nitric acid and oxides of nitrogen.
[12] Petroleum products (gasoline, fuel oil, etc.).
[16] Sulphur and sulphur products.
[17] Pesticides (including insecticides, fungicides and rodenticides).
[18] Radioactive substances, insofar as such substances are
not otherwise regulated.
(d) Any alteration, construction, repair or improvement to
an existing structure located partially or entirely within an identified floodplain,
wherein the alteration, construction, repair or improvement exceeds 50% of
the market value of the structure, shall be prohibited.
B. Application procedures. If any proposed construction
or development is located entirely or partially within any identified floodplain
area, applicants for building permits shall provide all the necessary information
in sufficient detail and clarity to enable the building permit officer to
determine that:
[Amended 11-13-2001 by Ord. No. 548]
(1) All such proposals are consistent with the need to minimize
flood damage and to conform with the requirements of this and all other applicable
codes and ordinances;
(2) All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate flood
damage; and
(3) Adequate drainage is provided so as to reduce exposure
to flood hazards.
(4) Applicants shall file the following minimum information
plus any other pertinent information (e.g., any or all of the technical information
contained in Section 5.01) as may be required by the building permit officer
to make the above determination:
(a) A completed building permit application form.
(b) Name and address of applicant.
(c) Name and address of owner of land on which proposed construction
is to occur.
(d) Name and address of contractor.
(f) Brief description of proposed work and estimated cost.
(g) 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] All property and lot lines, including dimensions, and
the size of the site expressed in acres or square feet;
[3] 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;
[4] The exact size and location of the proposed buildings,
structures and other improvements, any existing or proposed subdivision and
land developments as well as existing building and structures;
[5] Proposed lowest floor and basement elevations of any
proposed building based upon the National Geodetic Vertical Datum of 1929;
[6] Plan including existing and proposed contours, information
concerning one-hundred-year-flood elevation velocities, and other applicable
information such as pressures, impact and uplift forces, associated with the
one-hundred-year flood; size of structures; location and elevations of existing
streets, drives and other accessways; water supply and sanitary sewage facilities;
soil types; and detailed information concerning any proposed floodproofing
measures, including the level of floodproofing for nonresidential structures.
(h) 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 one-hundred-year 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.
(i) The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
C. Other permit issuance requirements.
(1) Prior to any proposed alteration or relocation of any
stream or any watercourse, etc. within the municipality, a permit shall be
obtained from the Department of Environmental Protection, Bureau of Dam Safety,
Obstructions, and Stormwater Management, as specified in the Water Obstruction
Act of 1913, as amended. Further, notification of the proposal shall be given
to all affected adjacent municipalities. Copies of such notifications shall
be forwarded to both the Federal Insurance Administration, the PA. Department
of Community and Economic Development and FEMA (Federal Emergency Management
Agency).
[Amended 11-13-2001 by Ord. No. 548]
(2) Under no circumstances shall any use, activity and/or
development adversely affect the capacity of the channels or floodways of
any watercourse, drainage ditch, or any other drainage facility or system.
(3) Prior to the issuance of any building permit, the building permit
officer 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); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section
404, 33 U.S.C. § 1344. No permit shall be issued until this determination
has been made.
[Amended 11-13-2001 by Ord. No. 548]
The following minimum standards shall apply for all construction and
development proposed to be undertaken within any identified floodplain area:
A. Drainage facilities. Storm drainage facilities shall
be designed to convey the flow of surface waters without damage to persons
or property. The system shall insure 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.
B. Sanitary sewer facilities. All new or replacement sanitary
sewer facilities, and private package sewage treatment plants (including all
pumping stations and collector systems) shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems
into the floodwaters. In addition, they should be located and constructed
to minimize or eliminate flood damage and impairment.
C. Water facilities. All new or replacement water facilities
shall be designed to minimize or eliminate infiltration of floodwaters into
the system, and be located and constructed to minimize or eliminate flood
damages.
D. 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.
[Amended 11-13-2001 by Ord. No. 548]
E. Placement of buildings and structures. All buildings
and structures shall be designed, located and constructed so as to offer the
minimum obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwaters.
F. 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 and storage tanks and other
similar objects or components located at or below the regulatory flood elevation
shall be firmly anchored or affixed to prevent flotation.
G. Electrical systems and components.
(1) Electric water heaters, furnaces, air conditioning and
ventilating systems, and other electrical equipment or apparatus shall not
be located below the regulatory flood elevation and other electrical equipment
or apparatus shall be permitted only at elevations above the regulatory flood
elevation.
(2) Electrical distribution panels shall be at least three
feet above the level of the one-hundred-year-flood elevation.
(3) Separate electrical circuits shall serve lower levels
and shall be dropped from above.
H. Plumbing.
(1) Water heaters, furnaces and other mechanical equipment
or apparatus shall not be located below the regulatory flood elevation.
(2) 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.
[Amended 11-13-2001 by Ord. No. 548]
(3) Water supply systems and sanitary sewage systems shall
be designed to prevent the infiltration of floodwaters into the system and
discharges from the system into floodwaters.
(4) 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.
I. Fill. If fill is used, it shall:
[Amended 11-13-2001 by Ord. No. 548]
(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 vertical to two horizontal feet
unless substantiated data justifying steeper slopes are submitted to and approved
by the building permit officer; and
(5) Be used to the extent to which it does not adversely
affect adjacent properties.
J. Streets. The finished elevation of all new streets shall
be no more than one foot below the regulatory flood elevation.
[Amended 11-13-2001 by Ord. No. 548]
K. 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 §
132-7A(3)(c), shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
[Amended 11-13-2001 by Ord. No. 548]
L. Floors, walls and ceilings.
[Amended 11-13-2001 by Ord. No. 548]
(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.
M. Paints and adhesives.
[Amended 11-13-2001 by Ord. No. 548]
(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.) shall
be finished with a marine or water-resistant paint or other finishing material.
The Flood Hazard Boundary Map contained as part of the Flood Insurance
Rate Map, dated July 30, 1982, and attached hereto, is incorporated as a part
of this chapter.