Borough of Conshohocken, PA Flood Damage Control and Requirements for All Construction and Development Within Borough's Floodplain Conservation District.

All new construction and substantial improvements which involve an addition to or expansion of the perimeter of an existing residential structure shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation.

All substantial improvements which do not involve an addition to or expansion of the perimeter of an existing residential structure shall have the lowest floor (including basement) elevated to the base flood elevation.

Any addition to or expansion of the perimeter of 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. Floodproofing measures shall satisfy the requirements established for the W1 — W4 classes in the office of the Chief of Engineers, U.S. Army, Publication Number EP 1165 2 314 (June, 1972 and as subsequently amended).

Existing structures located in a designated floodway shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement of flood heights is fully offset by accompanying stream improvements.

(5)

Fully enclosed spaces below the lowest floor elevation shall be prohibited.

Nonresidential Structure.

All new construction and substantial improvements which involve an addition to or expansion of the perimeter of an existing nonresidential structure shall have the lowest floor (including basement) elevated or floodproofed to at least one foot above the base flood elevation.

All substantial improvements which do not involve an addition to or expansion of the perimeter of an existing nonresidential structure shall have the lowest floor (including basement) elevated or floodproofed to the base flood elevation.

Any addition to or expansion of the perimeter of an existing nonresidential structure, to an extent or amount of less than 50% of its market value, shall be elevated or floodproofed to the greatest extent possible. Floodproofing measures shall satisfy the requirements established for the W1 — W4 classes in publication referenced in subsection (A)(3).

Existing structures located in a designated floodway shall not be expanded or enlarge unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvements.

(5)

Fully enclosed spaces below the lowest floor shall be prohibited.

Destruction of an Existing Structure. Structures located within the floodway may be rebuilt if destroyed by fire or other catastrophe provided that the reconstruction will not result in an increase in the base flood elevation, as referenced in the Flood Insurance Study, Borough of Conshohocken. Such reconstruction must be in compliance with the floodproofing or elevation requirements of this Section.

Fill.

If fill is used to raise the finished surface of the lowest floor one foot above the base flood elevation:

Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally 15 feet beyond the building line from all points. For nonresidential structures, fill shall be placed to provide access acceptable for the intended use. At grade access, with fill extending laterally 15 feet beyond the building line, shall be provided to a minimum of 25% of the perimeter of a nonresidential structure.

Fill shall consist of soil or rock materials only.

Fill material shall be compacted to prove the necessary stability and resistance to erosion, scouring or settling.

Fill slopes shall be no steeper than one vertical on two horizontal, unless substantial data justifying steeper slopes are submitted to and approved by the Code Enforcement Officer.

(e)

Fill shall be used only to the extent to which it does not adversely affect adjacent properties.

Placement of Buildings and Structures. All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water. In so doing, consideration shall be given to their effect upon the flow and height of floodwaters.

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or other movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.

All air ducts, large pipes and storage tanks located at or below the base flood elevation shall be firmly anchored in accordance with accepted engineering practices to prevent flotation.

Storage. No materials that are buoyant, flammable, explosive or in time of flooding, could be injurious to human, animal or plant life shall be stored below the base flood elevation.

Special Flood Damage Control Provisions for Manufactured Home and Manufactured Home Parks in the Floodplain Conservation District.

All manufactured homes including those substantially damaged and any improvements thereto shall be placed on a permanent foundation and shall be anchored to resist flotation, collapsed or lateral movement by providing over-the-top and frame ties ground anchors in accordance with the following:

Over-the-top ties shall be provided at each of the four corners of the manufactured home and manufactured home parks, with two additional ties per side at intermediate locations for units 50 feet or more in length and one additional tie per side for units less than 50 feet in length.

Frame ties shall be provided at each corner of the manufactured home and manufactured home park, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds and resisting a minimum wind velocity of 90 miles per hour.

All manufactured homes, including those substantially damaged and any improvements thereto shall also be elevated in accordance with the following requirements:

The stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at least one foot above the base flood elevation.

Adequate surface drainage is provided, as required in the Conshohocken Borough Subdivision and Land Development Ordinance [Chapter 22].

Adequate access for a hauler is provided.

Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate disaster preparedness authorities for manufactured home parks and manufactured home subdivisions.

Placement of manufactured home on a lot or in a manufactured home park shall require a building permit under this Part.

Relief from Strict Compliance with Requirements of this Part 1.

If compliance with the elevation of floodproofing requirements stated in this Part would result in an exceptional hardship for a prospective building, developer or landowner, the Borough Council may, upon request, grant relief from the strict application of the requirement.

Relief issued shall conform to the following general guidelines:

Any new residential structure or substantial improvement which involves an addition to or expansion of the perimeter of an existing residential structure, which cannot be elevated to one foot above the base flood elevation, shall be elevated to the maximum extent possible and floodproofed for the remaining height to the above specified level in accordance with the requirements established for the W1 — W-4 classes in the Office of the Chief of Engineer, U.S. Army Publication Number EP 1165 2314, June, 1972 and as subsequently amended.

Any substantial improvement which does not involve an addition to or expansion of the perimeter of an existing residential structure which cannot be elevated to the base flood elevation shall be elevated to the maximum extent possible and floodproofed for the remaining height to the above specified level in accordance with the requirements established for the W1 — W4 classes in the publication referenced in subsection (1)(2)(a).

Any new nonresidential structure or substantial improvement which involves an addition to or expansion of the perimeter of an existing nonresidential structure which cannot be elevated or floodproofed to the required specifications shall be (1) elevated to the maximum extent possible and floodproofed for the remaining height to at least one foot above the base flood elevation, or (2) floodproofed to at least one foot above the base flood elevation. The floodproofing measures shall satisfy the requirements of the W3 — W4 classes in the publication referenced in subsection (I)(2)(a).

All substantial improvements which do not involve an addition to or expansion of the perimeter of an existing nonresidential structure which cannot be elevated or floodproofed to the required specifications shall be: (1) elevated to the maximum extent possible and floodproofed for the remaining height to the base flood elevation, or (2) floodproofed to the base flood elevation. The floodproofing measures shall satisfy the requirements of the W-3 — W-4 classes in the publication referenced in subsection (I)(2)(a).

Requests for relief from the strict application of the provisions of this Part may be granted by the Borough in accordance with the following procedures and criteria:

No relief shall be granted for any construction, development, use or activity within any floodway that would cause any increase in the base flood elevation.

If granted, relief shall involve only the least modification necessary.

In granting relief, the Borough may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this Part.

Whenever a relief is granted, the Borough shall notify the applicant in writing that:

The granting of relief may result in increased premium rates for flood insurance.

Such relief may increase the risks to life and property.

(e)

In reviewing any request for relief, the Borough shall consider, but not be limited to, the following:

That there is good and sufficient cause.

That failure to grant the relief would result in exceptional hardship to the applicant.

That the granting of the relief will not result in any unacceptable or prohibited increase 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.

(f)

A comply record of all requests for relief and related actions shall be maintained by the Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

§ 5-122 Supplementary Administrative Provisions for Activities in the Floodplain Conservation District.

[Ord. 6-1996, 12/19/1996, § 1; as amended by Ord. 9-2008, 12/17/2008]

Administration. To insure that the aforementioned flood damage controls are being employed in all new construction and improvements within the Floodplain Conservation District, the Code Enforcement Officer shall provide the applicant information concerning the location of the district boundaries relative to his proposed construction or improvements and the water surface elevation of the one-hundred-year flood at the proposed construction site. The source of this information shall be the Flood Insurance Study for the Borough of Conshohocken as prepared by the Federal Emergency Management Agency.

Plan Requirements. In addition to their permit application requirements normally required under this Part, the Borough Code Enforcement Officer shall require the following specific information to be included as part of the application for a building permit.

For structures to be elevated:

A plan showing the size of the proposed structure and its relation to the lot where it its to be constructed.

A determination of elevations of the existing ground, proposed finished ground and lowest floors certified by a registered professional engineer, surveyor, architect.

Plans showing the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. When required by the Code Enforcement Officer, these plans shall be prepared by a registered professional engineer or architect.

Plans showing the methods used to protect utilities (including sewer, water, telephone, electric, gas, etc.) from flooding to an elevation at least one foot above the base flood elevation at the building site.

For structures to be floodproofed:

Plans showing details of all floodproofing measures, prepared by a registered professional engineer or architect and showing the size of the proposed structure and its relation to the lot where it is to be constructed.

A determination of elevations of existing ground, proposed finished ground, lowest floor and floodproofing limits; certified by a registered professional engineer, surveyor or architect.

A certificate prepared by the professional engineer or architect who prepared the plans in subsection (B)(1) above, that the structures in question, together with attendant utility and sanitary facilities, is designed so that:

Below an elevation one foot above the base flood elevation the structure is floodproofed with walls substantially impermeable to the passage of water.

The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact and other forces resulting from the flood depths, velocities, pressures and other factors associated with the base flood.

For structures to be floodproofed in accordance with the W3 — W4 class requirements in the Office of the Chief Engineer, U.S. Army Publication Number EP 1165 2 314, June, 1972 and as subsequently amended:

A determination of elevation of existing ground, proposed finished ground, lowest floors and floodproofing limits; certified by a registered professional engineer, surveyor or architect.

A certificate prepared by the registered professional engineer or architect who prepared the plans in subsection (B)(3)(c)(1) above that the structure in question, together with attendant utility and sanitary facilities, is designed to satisfy the floodproofing requirements of the W-3 — W-4 classes of the above referenced publication.

Review by County Conservation District. A copy of all applications and plans for construction or development in the Floodplain Conservation District to be considered for approval shall be submitted by the Borough Code Enforcement Officer to the Montgomery County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Borough Code Enforcement Officer for possible incorporation into the proposed plan.

Other Permit Issuance Requirements. Prior to the issuance of any building permit the Borough Code Enforcement Officer shall review the application for a 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, Dam Safety and Encroachment Act and the Federal Water Pollution Control Act Amendments of 1972 404, 33, U.S.C. 1334. No permit shall be issued until this determination has been made.

Start of Construction. For purposes of implementation of these provisions, start of construction shall be considered as defined in § 5-123 of this Part.

§ 5-123 Supplementary Definitions for Floodplain Conservation District Provisions.

[Ord. 6-1996, 12/19/1996, § 1; as amended by Ord. 9-2008, 12/17/2008]

The following are definitions which shall be used in making reasonable interpretations of the provisions contained in §§ 5-121 and 5-122:

BASE FLOOD

The flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared; for purposes of this Part, the one-hundred-year flood, as referenced in the current Flood Insurance Study, Borough of Conshohocken, prepared by the U.S. Emergency Management Agency (FEMA).

BASE FLOOD ELEVATION

The one-hundred-year flood elevation, as referenced in the Flood Insurance Study, Borough of Conshohocken, prepared by the Federal Emergency Management Agency (FEMA).

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, buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations or storage of equipment or materials and the subdivision of land.

FLOOD

A temporary condition of partial or complete inundation of normally dry land areas.

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. Such measures are set forth in floodproofing regulations published by the Office of the Chief Engineers, U.S. Army Publication Number EP 1165 2314 (June, 1972 and as subsequently amended). Floodproofing measures, except where otherwise noted, shall satisfy the requirements of the completely dry spaces (W1) and essentially dry spaces (W2) classes referenced in these regulations. In said publications where reference is made to "below" (or above) the "RFD" (regulatory flood datum), it shall be interpreted as meaning "below (or above) the base flood elevation."

MANUFACTURED HOME

A single family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards of the Pennsylvania Department of Community and Economic Development and appropriate Federal agencies and is certified by them; contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation, including any roofed addition such as extra rooms, covered patios, porches, etc.

NEW CONSTRUCTION

Structures for which the start of construction as herein defined commenced on or after the effective date of this Part. This term does not apply to any work on a structure existing before the effective date of this Part.

ONE-HUNDRED-YEAR FLOOD

A flood that has one chance of 100 or a 1% chance of being equaled or exceeded in any one year. For the purposes of this Part, this term does not apply to any work on a structure existing before the effective date of this Part.

START OF CONSTRUCTION

The first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include any 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 as part of the main structure. For a structure other than a manufactured home without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For manufactured homes not within a manufactured home park or manufactured home subdivision, start of construction means the affixing of the manufactured home to its permanent site. For manufactured homes within manufactured home parks or manufactured home subdivisions, start of construction is the date which the construction of facilities servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed.

STRUCTURE

Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, manufactured homes, modular homes and other similar items.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

Before the improvement or repair is started; or,

If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or,