The following article is incorporated to comply
with Section 19103(k) of the National Flood Insurance Program.
The intent of this article 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 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.
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 flood-prone areas of the
Borough unless an approved special building permit has been obtained
from the Zoning Officer.
B.
A building permit shall not be required for minor
repairs to existing buildings or structures, provided that no structural
changes or modifications are involved.
Building permits shall be required before any
proposed construction or development is undertaken within any identified
flood-prone area of the Borough of Westmont.
A.
The Zoning Officer shall issue a building permit only
after it has been determined that the proposed work to be undertaken
will be in conformance with the requirements of this chapter and all
other applicable codes and ordinances.
B.
No building permit shall be issued until all other
required permits have been obtained from any other office or agency.
A.
Application for such a building permit shall be made,
in writing, to the Zoning Officer on forms supplied by the Borough
of Westmont. Such application shall contain at least the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the land on which
the proposed construction is to occur.
(3)
The name and address of the contractor.
(4)
The site location.
(5)
The proposed lowest floor and basement elevations
in relation to mean sea level.
(6)
A brief description of the proposed work and the estimated
cost.
(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
within or adjacent to any identified flood-prone area, applicants
for building permits shall also provide the following specific information:
(1)
A plan which accurately delineates the area which
is subject to flooding, the location of the proposed construction,
the location of any other flood-prone development or structures and
the location of any existing or proposed stream improvements or protective
works. Included shall be all plans for proposed subdivision and land
development in order to assure that all such proposals are consistent
with the need to minimize flood damage; all utilities and facilities
such as sewer, gas, electrical and water systems are located, elevated
and constructed to minimize or eliminate flood damage; and adequate
drainage is provided so as to reduce exposure to flood hazards. Such
plan shall also include existing and proposed contours; information
concerning one-hundred-year-flood elevations and other applicable
information, such as uplift forces, associated with the one-hundred-year
flood; the size of structures and location and elevations of streets;
water supply and sanitary sewage facilities; soil types; and floodproofing
measures.
(2)
A document certified by a registered professional
engineer or architect that the proposed construction has been adequately
designed against flood damage and that the plans for the development
of the site adhere to the restrictions cited in this chapter. Such
statement shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure.
A.
Prior to any proposed alteration, relocation or development
within 50 feet landward from the top-of-bank of any stream or any
watercourses, etc., within the municipality, a permit shall be obtained
from the Department of Environmental Resources, Dams and Encroachment
Division, as specified in the Dam Safety and Encroachments Act of
1979, as amended.[1] 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 and
the Department of Community Affairs. 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.
[1]
Editor's Note: See 32 P.S. § 693.1
et seq.
B.
Prior to the issuance of any building permit, the
Building Official shall review the application for permit to determine
if all other necessary governmental permits such as those required
by state and federal laws have been obtained, including those required
by Act 537, the Pennsylvania Sewage Facilities Act,[2] and the U. S. Clean Water Act. No permit shall be issued
until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1
et seq.
The flood-prone area(s) shall be any area(s)
of the Borough of Westmont which are identified as being flood-prone
on the Flood Hazard Boundary Map as issued by the Federal Insurance
Administration, dated October 13, 1978.
[Amended 8-11-1987 by Ord. No. 648]
A.
For the purposes of this chapter, the one-hundred-year-flood
elevation shall be used as the basis for regulation. When available,
information from other federal, state and other acceptable sources
shall be used to determine the one-hundred-year 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.
B.
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 Borough.
The delineation of any of the identified flood-prone
areas may be revised by the Westmont Borough Council where natural
or man-made changes have occurred and/or more detailed studies conducted
or undertaken by the United States Army Corps of Engineers, River
Basin Commission or other qualified agency or individual which documents
the notification for such changes. However, prior to any such change,
approval must be obtained from the Federal Insurance Administration
(FIA).
Should a dispute concerning any district boundary
arise, an initial determination shall be made by the Westmont Borough
Planning Commission/Committee, and any party aggrieved by this decision
may appeal to the Westmont Borough Council. The burden of proof shall
be on the appellant.
[Amended 8-11-1987 by Ord. No. 648]
A.
In the identified flood-prone area(s), the development
and/or use of any land shall be permitted, provided that the development
and/or use adheres to the restrictions and requirements of all other
applicable codes and ordinances in force in the municipality.
B.
Within any floodway area, no new construction or development
shall be permitted that would cause any increase in the one-hundred-year-flood
elevation.
C.
Within any identified flood-prone area(s), the elevation
of the lowest floor (including basement) of any new or improved residential
structures shall be at or above the regulatory flood elevation.
D.
Within any identified flood-prone area(s), the elevation
of the lowest floor (including basement) of nonresidential structures
shall be at or above the regulatory flood elevation or be floodproofed
up to that height.
E.
Any nonresidential structure or part thereof having
a lowest floor which is not elevated to at least 1 1/2 feet above
the one-hundred-year-flood elevation shall be floodproofed in a completely
or essentially dry manner in accordance with the W1 or W2 space classification
standards contained in the publication entitled "Flood-Proofing Regulations"
published by the United States Army Corps of Engineers (June 1972),
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.
F.
Fully enclosed spaces below the lowest floor shall
be prohibited.
[Added 11-9-1993 by Ord. No. 705]
The following minimum standards shall apply
for all construction proposed to be undertaken within any identified
flood-prone 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 vertical to two horizontal,
unless substantiated data justifying steeper slopes are submitted
to and approved by the Westmont Borough Zoning Officer.
[Amended 10-13-1992 by Ord. No. 698]
(5)
Be used to the extent to which it does not adversely
affect adjacent properties.
B.
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.
C.
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.
D.
Floors, walls and ceilings.
(2)
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.
(3)
Windows, doors and other components at or below the
regulatory flood elevation shall be made of metal or other water-resistant
material.
E.
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 electric circuits shall serve lower levels
and shall be dropped from above.
F.
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 disposal systems shall
be located within any identified flood-prone area(s).
(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 the floodwaters. Additional provisions shall
be made for the drainage of these systems in the event that floodwater
infiltration occurs.
G.
Paints and adhesives. When used at or below the regulatory
flood elevation:
H.
Storage. No materials that are buoyant, flammable,
explosive or in times of flooding could be injurious to human, animal
or plant life shall be stored below the regulatory flood elevation.
I.
Drainage facilities. Storm drainage facilities shall
be designed to convey the flow of surface waters without damage to
persons or property. The system shall ensure drainage at all points
along streets and provide positive drainage away from buildings. The
system shall also be designed to prevent the discharge of excess runoff
onto adjacent properties.
J.
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.
K.
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 damage.
L.
Streets. The finished elevation of proposed new streets
shall be no more than one foot below the regulatory flood elevation.
M.
Utilities. All utilities such as gas lines, electrical
and telephone systems being placed in flood-prone areas should be
located, elevated (where possible) and constructed to minimize the
change or impairment during a flood.
[Amended 1-11-1983 by Ord. No. 607]
A.
No mobile homes, mobile home parks, hospitals (public
or private), nursing homes (public or private) or jails shall be erected
in any flood-prone area of Westmont Borough.
B.
None of the following materials shall be stored or
manufactured in any flood-prone area of Westmont Borough, nor shall
a supply (more than 550 gallons or other comparable volume or any
amount of radioactive substances) be maintained:
(1)
Acetone ammonia.
(2)
Benzene.
(3)
Calcium carbide.
(4)
Carbon disulfide.
(5)
Celluloid.
(6)
Chlorine.
(7)
Hydrochloric acid.
(8)
Hydrocyanic acid.
(9)
Magnesium.
(10)
Nitric acid.
(11)
Oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (insecticides, fungicides and rodenticides).
(18)
Radioactive substances.
Structures existing in any identified flood-prone
area prior to the enactment of this chapter, but which are not in
compliance with these provisions, may continue to remain, subject
to the following:
A.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure to an extent or amount of less
than 50% of its market value shall be elevated and/or floodproofed
to the greatest extent possible.
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 be undertaken only in full compliance
with the provisions of this chapter.
C.
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.
[Added 11-9-1993 by Ord. No. 705]
A.
If compliance with the elevation or floodproofing
requirements of this Article would result in an exceptional hardship
for a prospective builder, developer or landowner, the Borough of
Westmont may, upon request, grant relief from the strict application
of the requirement.
B.
Request for variances shall be considered by the Borough
of Westmont in accordance with the following procedures:
(1)
If granted, a variance shall involve only the least
modification necessary to provide relief.
(2)
In granting any variance, the Borough of Westmont
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 Article.
(4)
In reviewing any request for a variance, the Borough
of Westmont shall consider, but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result
in exceptional hardship to the applicant.
(c)
That the granting of the variance will not result
in an unacceptable or prohibited increase in flood heights, additional
threats to public safety or extraordinary public expense, create nuisances,
cause fraud on or victimization of the public or conflict with any
other applicable local or state ordinances and regulations.
(5)
A complete record of all variance requests and related
actions shall be maintained by the Borough of Westmont. In addition,
a report of all variances granted during the year shall be included
in the annual report to the Federal Insurance Administration.
(6)
No variance shall be granted for any construction
or development within any floodway area that would cause any increase
in the one-hundred-year-flood elevation.
[Added 8-9-1988 by Ord. No. 653]
C.
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.
Unless specifically defined below, words and
phrases used in this Article shall be interpreted so as to give this
Article its most reasonable application.
As used in this Article, 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 combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes and trailers
to be used for human habitation.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the subdivision
of land, the placement of mobile homes, streets and other paving,
utilities, filling, grading, excavation, mining, dredging or drilling
operations.
A temporary inundation of normally dry land areas.
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 replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
any addition, change or modification in construction, exit facilities
or permanent fixtures or equipment.
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 and recreational and
other similar vehicles placed on a site for more than 180 consecutive
days.
[Amended 8-11-1987 by Ord. No. 648]
A parcel (or contiguous parcels) of land which has been planned
and improved for the placement of two or more manufactured homes.
[Amended 8-11-1987 by Ord. No. 648]
Any structure or assembly of materials, including fill, above
or below the surface of land or water, and an activity which might
impede, retard or change flood flows. The planting, cultivation and
harvesting of field and orchard crops or the grazing of livestock,
including the maintenance of necessary appurtenant agricultural fencing,
unless deemed to be an "obstruction" by the Zoning Officer, shall
not be considered an "obstruction" under this definition and shall
not be subject to regulation under this chapter.[1]
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).
Any person, persons, partnership, business or corporation.
The one-hundred-year-flood elevation plus a freeboard safety
factor of 1 1/2 feet.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, mobile
homes and other similar items.
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.
A.
The degree of flood protection sought by the provisions of this Article VII of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Article does not imply that areas outside any identified floodplain area or land uses permitted within such areas will be free from flooding or flood damages.
B.
This Article shall not create liability on the part
of the Borough or any officer or employee thereof for any flood damages
that result from reliance on this Article or any administrative decision
lawfully made thereunder.
