[Amended 3-28-2016 by Ord. No. 2016-1]
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 Borough
Council of the Borough of Jenkintown, does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
The intent of this article is to:
(1)
Protect areas of the floodplain necessary to contain floodwaters.
(2)
Permit only those uses in the floodplain that are compatible
with preserving natural conditions and stream flow.
(3)
Promote the general health, welfare, and safety of the community
by preventing development in areas prone to flooding.
(4)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(5)
Minimize danger to public health by protecting water supply
and natural drainage.
(6)
Reduce financial burdens imposed on the Borough, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(7)
Comply with federal and state floodplain management requirements.
B.
Applicability.
(1)
The Floodplain Conservation District is defined and established
as a district applicable to those areas of the Borough of Jenkintown
subject to inundation by the waters of the one-percent-annual-chance
flood as delineated on the Flood Insurance Rate Map (FIRM) for Montgomery
County, Pennsylvania, as prepared by the Federal Emergency Management
Agency (FEMA), dated March 2, 2016, or the most recent revision thereof.
Said floodplain areas shall consist of the following specific areas:
(2)
In lieu of the above, the Borough of Jenkintown 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.
(3)
The Floodplain Conservation District shall be delineated according
to FEMA's Flood Insurance Rate Map (FIRM) for the Borough of Jenkintown
which is hereby made a part of this article. The FIRM is available
for inspection at the Borough Office.
(4)
The Floodplain Conservation District shall be deemed an overlay
on any zoning district now or hereafter applicable to any lot.
(5)
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 Floodplain Conservation District
unless a permit has been obtained from the Floodplain Administrator.
(6)
A permit shall not be required for minor repairs to existing
buildings or structures.
C.
Abrogation and greater restrictions. This article supersedes any
other conflicting provisions which may be in effect in the Floodplain
Conservation District. However, any other ordinance provisions shall
remain in full force and effect to the extent that those provisions
are more restrictive. If there is any conflict between any of the
provisions of this article, the more restrictive shall apply.
D.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this article shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the article, which shall remain in full force and effect, and for
this purpose the provisions of this article are hereby declared to
be severable.
E.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this
article is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This article
does not imply that areas outside the Floodplain Conservation District,
or that land uses permitted within such areas, will be free from flooding
or flood damages.
(2)
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.
A.
Unless specifically defined below, words and phrases used in this
article shall be interpreted so as to give this article its most reasonable
application.
B.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXISTING STRUCTURE/EXISTING CONSTRUCTION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
FLOODWAY FRINGE
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(a)
(b)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL FLOODPLAIN AREA
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
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 flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
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. The BFE is also shown
on the Flood Insurance Study (FIS) profile, and can be determined
for Zone A floodplains.
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: subdivision of land, 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; dredging, drilling,
or drilling operations; or storage of equipment or materials.
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.
A structure for which the start of construction commenced
before the effective date of the FIRM.
The preparation of additional sites by 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).
A general and temporary condition of partial or complete
inundation of normally dry land areas by water.
The official map on which the Federal Emergency Management
Agency (FEMA) or Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the Flood Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map (FIRM),
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 or 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.
The part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
or preliminarily determined by the Pennsylvania Historical and Museum
Commission (PHMC) as meeting the criteria for individual listing on
the National Register; or
Certified or preliminarily determined by the PHMC as contributing
to the historical significance of a National Register historic district
or a district preliminarily determined by the PHMC to be eligible
to qualify for listing in the National Register; or
Designated as historic by a municipal ordinance:
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code; or
Located in a local historic district that has been certified
by the PHMC as meeting the requirements of the Pennsylvania Historic
District Act.[1]
The lowest floor of the lowest fully enclosed area (including
the basement). An unfinished, flood-resistant, partially enclosed
area, used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this article.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term includes park trailers, travel trailers, recreation 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; 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 or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
ordinance including any subsequent improvements to such structures.
Any construction started after December 19, 1996, and before the effective
start date of this article is subject to the ordinance in effect at
the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
The flood having a one-percent chance of being equaled or
exceed in any given year. Also referred to as the "one-percent-annual-chance
flood," or the "base flood," as defined by FEMA in the Flood Insurance
Study for Jenkintown.
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
FIRM, dated December 19, 1996, whichever is later, and as such would
be required to be compliant with the regulations of the National Flood
Insurance Program (NFIP).
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial FIRM, dated December 19, 1996, and as such would not be required
to be compliant with the regulation of the NFIP.
A vehicle which is:
Built on a single chassis; and
Not more than 400 square feet, measured at the largest horizontal
projections; and
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.
The regulatory flood elevation is the elevation to which
development is regulated for purposes of elevation and/or dry floodproofing.
It is equal to the base flood elevation (BFE) plus a freeboard of
1.5 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zones
A, AE, AH, AO, A1-A30, and A99.
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.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions or
substantial improvements to such existing parks or subdivisions, when
such development is located in all, or a designated portion, of a
floodplain.
The date the permit was issued for construction, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days from
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 of construction
means either the first placement or 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.
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, tying, and anchoring,
including a gas 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 devisers, 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% of the market value of the structure before the
damage occurred.
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
(or repetitive loss when a repetitive loss provision is used) regardless
of the actual repair work performed. The term does not, however, include
any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
For alteration of historic structures, see § 181-122E(4).
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality or a third party of the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted The International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certification, or other evidence of compliance required in 44
CFR 60.3(b)(5) is presumed to be in violation until such time as that
documentation is provided.
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
A.
Identification. The Floodplain Conservation District shall be any
areas of the Borough of Jenkintown classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated March 2, 2016, and issued
by the Federal Emergency Management Agency (FEMA), or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study. The above-referenced FIS and FIRMs, and
any subsequent revisions and amendments, are hereby adopted by the
Borough of Jenkintown and declared to be a part of this article.
B.
Description and special requirements of the Floodplain Conservation
District. The Floodplain Conservation District shall consist of the
following specific areas/districts:
(1)
The Floodway Area/District shall be those areas identified as
floodway on the FIRM as well as those floodway areas which have been
identified in other available studies or sources of information for
those special floodplain areas where no floodway has been identified
in the FIS. The floodway represents the channel of a watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
by more than one foot at any point.
(a)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
No new construction or development shall be allowed unless a
permit is obtained from the Department of Environmental Protection
Regional Office.
(2)
The AE Area/District 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.
(a)
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.
(b)
The AE Area without 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 but no floodway has
been determined.
[1]
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
[2]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection Regional Office.
(3)
The A Area/District shall be the areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
one-percent-annual-chance flood elevations have been provided. For
these areas, elevation and floodway information from other federal,
state, or other acceptable source shall be used when available. Where
other acceptable information is not available, the elevation shall
be determined by using the elevation of a point on the boundary of
the Floodplain Conservation District which is nearest the construction
site.
(a)
In lieu the above, the Borough of Jenkintown 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.
C.
Changes in identification of area. The Floodplain Conservation District
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 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 by submitting
technical or scientific data.
D.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the 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.
E.
Corporate boundary changes. Prior to development occurring in areas
where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
A.
Uses and activities permitted by right in the Floodplain Conservation
District. The following uses are permitted by right in the Floodplain
Conservation District in compliance with the requirements of this
section.
(1)
Up to half of any required yard setback area on an individual
residential lot may extend into the Floodplain Conservation District.
(3)
Forestry operations reviewed by the Montgomery County Conservation
District.
(4)
The following floodplain crossings are permitted, provided disturbance
to any existing woodlands and degradation of water quality are minimized
to the greatest extent practicable:
(5)
Agricultural uses conducted in compliance with methods prescribed
in the latest version of the Department of Environmental Protection's
Erosion and Sediment Pollution Control Manual. In the event that the
Borough has a riparian corridor conservation district, or similar
regulation, the more restrictive regulation shall apply.
(6)
Public sewer and/or water lines and public utility transmission
lines running along the corridor.
B.
Uses and activities prohibited in the Floodplain Conservation District. Any use or activity not authorized within § 181-122A herein shall be prohibited within the Floodplain Conservation District, and the following activities and facilities are specifically prohibited:
(1)
Construction, alteration, or improvement of buildings and any
other type of permanent structure, including fences.
(2)
New construction of buildings or placement of fill.
(3)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse.
(4)
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 181-122A herein, and where the effects of these actions are mitigated by reestablishment of vegetation.
(5)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards.
(6)
Roads or driveways, except where permitted as corridor crossings in compliance with § 181-122A herein.
(7)
Motor or wheeled vehicle traffic in any area not designed to
adequately accommodate the vehicle's type and volume.
(8)
Parking lots.
(9)
Subsurface sewage disposal areas.
(10)
Sod farming.
(11)
Stormwater basins, including necessary berms and outfall facilities.
(13)
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.
(14)
Any new or substantially improved structure which:
(a)
Will be used for the production or storage of any of the following
dangerous materials or substances;
(b)
Will be used for any activity requiring the maintenance of a
supply of more than 500 gallons, or other comparable volume, of any
of the following dangerous materials or substances on the premises;
or
(c)
Will involve the production, storage, or use of any amount of
radioactive substances.
(d)
For the purposes of this article, the following list of materials
and substances are considered dangerous to human life:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorous.
[14]
Potassium.
[15]
Sodium.
[16]
Sulfur and sulfur products.
[17]
Pesticides (including insecticides, fungicides,
and rodenticides).
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
C.
Nonconforming structures and uses in the Floodplain Conservation District. The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of §§ 181-122D herein, and 181-87 shall apply.
D.
Improvements to existing structures in the Floodplain Conservation
District. The following provisions shall apply whenever any improvement
is made to an existing structure located within the Floodplain Conservation
District:
(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 base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be allowed within any AE Area/District with floodway, as defined in § 181-121B(2), that would, together with all other existing and anticipated development, increase the BFE by more than one foot at any point.
(3)
No expansion or enlargement of an existing structure shall be
undertaken in the direction of the streambank.
(4)
Any reconstruction, rehabilitation, addition, or other improvement to an existing structure that constitutes a substantial improvement as defined in § 181-120B shall be undertaken only in full compliance with the provisions of this article. Any reconstruction, rehabilitation, addition, or other improvement to an existing structure that does not constitute a substantial improvement as defined in § 181-120B shall be elevated and/or floodproofed to the greatest extent possible.
(5)
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this article
must comply with all ordinance requirements that do not preclude the
structure's continued designation as an historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from the
ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
(6)
Any of the above activities shall also address the requirements
of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC,
or the most recent revisions thereof.
(7)
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "repetitive loss" shall be
undertaken only in full compliance with the provisions of this article.
A.
General. If compliance with any of the requirements of this article
would result in an exceptional hardship to a prospective builder,
developer, or landowner, the Borough may, upon request, grant relief
from the strict application of the requirements.
B.
Variance procedures and conditions.
(1)
For a use other than those permitted in § 181-122, an application seeking approval by variance shall be forwarded to the Zoning Hearing Board along with any required studies or information and the findings of the Zoning Officer.
(2)
No variance shall be granted for any construction, development,
use, or activity within any floodway area that would cause any increase
in the BFE.
(3)
No variance shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway that
would, together with all other existing and anticipated development,
increase the BFE by more than one foot at any point.
(5)
Notwithstanding any of the provisions relative to variances
in this article, all structures shall be designed and constructed
to have the capability of resisting the base flood.
(6)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(7)
In granting any variance, the Zoning Hearing Board 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 article.
(9)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, at a minimum, the following:
(a)
That there is good and sufficient cause, including:
[1]
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape; or exceptional topographical or other physical conditions peculiar
to the particular property; and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of the zoning ordinance in the neighborhood
or district in which the property is located.
[2]
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the zoning ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
[3]
That such unnecessary hardship has not been created by the appellant.
[4]
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located; nor substantially or permanently impair the appropriate use
or development of adjacent property; nor be detrimental to the public
welfare.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will:
(10)
A complete record of all variance requests and related actions
shall be maintained by the Borough of Jenkintown. In addition, a report
of all variances granted during the year shall be included in the
biennial report to FEMA.
C.
Special requirements for subdivisions. All subdivision or development
proposals containing at least 50 lots, or at least five acres, whichever
is the lesser, in special flood hazard areas where base flood elevation
data are not available, shall be supported by hydrologic and hydraulic
engineering analyses that determine base flood elevations and floodway
information. The analyses shall be prepared by a licensed professional
engineer in a format required by FEMA for a conditional letter of
map revision or letter of map revision.
D.
Special requirements for manufactured homes.
(1)
Within the Floodplain Conservation District, manufactured homes
and all additions thereto shall be prohibited within the area measured
50 feet landward from the top-of-bank of any watercourse.
(2)
Where permitted by variance within the Floodplain Conservation
District, all manufactured homes, and any additions thereto, shall
be:
(a)
Placed on a permanent foundation;
(b)
Elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above the base flood elevation;
(c)
Anchored to resist flotation, collapse, or lateral movement;
and
(d)
Have all ductwork and utilities, including HVAC/heat pump, elevated
to the regulatory flood elevation.
(3)
Installation of manufactured homes shall be done in accordance
with the manufacturers' installation instructions as provided by the
manufacturer. Where the manufacturers' installation instructions are
not available, the requirements of Appendix E of the 2009 IRC 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.
(4)
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 manufacturers' standards for anchoring cannot be provided
or were not established for the proposed installation.
E.
Special requirements for recreational vehicles. Recreational vehicles
in the Floodplain Conservation District must either:
(1)
Be on the site for fewer than 180 consecutive days; or
(2)
Be licensed and ready for highway use; or
(3)
Be elevated and anchored as required in § 181-123D(2).
A.
General. In granting any variance, the Borough of Jenkintown shall
attach the following technical provisions to the proposal for which
the variance has been granted. These conditions and safeguards are
necessary in order to protect the public health, safety, and welfare
of the residents of the Borough.
(1)
Pertaining to the alteration or relocation of any watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Borough,
and until all required permits or approval have been first obtained
from the Department of Environmental Protection Regional Office.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(2)
The municipality shall require technical or scientific data
to be submitted to FEMA for a letter of map revision (LOMR) within
six months of the completion of any new construction, development,
or other activity resulting in changes in the BFE. A LOMR or conditional
letter of map revision (CLOMR) is required for:
(a)
Any development that causes a rise in the BFE within the floodway;
or
(b)
Any development occurring in Zones A1-30 and Zone AE without
a designated floodway, which will cause a rise of more than one foot
in the BFE; or
(c)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
(3)
Any new construction, development, uses, or activities allowed
by variance within the Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this article
and any other applicable codes, ordinances, and regulations. In addition,
when such development is proposed within the area measured 50 feet
landward from the top of bank of any watercourse, a permit shall be
obtained from the Department of Environmental Protection Regional
Office.
B.
Elevation and floodproofing requirements.
(1)
Residential structures.
(a)
In AE Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation. The design and construction
standards and specifications contained in the 2009 IBC, and in the
2009 IRC, or the most recent revisions thereof, and the ASCE 24 and
34 Pa. Code (Chapters 401 through 405, as amended) shall be used.
(b)
In A Zones, where there are no base flood elevations specified
on the FIRM, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated up to, or above,
the regulatory flood elevation.
(c)
The design and construction standards and specifications contained
in the 2009 IBC and 2009 IRC, or the most recent revisions thereof,
and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended)
shall be utilized.
(2)
Nonresidential structures.
(a)
In AE Zones, any new construction or substantial improvement
of a nonresidential structure shall have the lowest floor (including
basement) elevated up to, or above, the regulatory flood elevation,
or be designed and constructed so that the space enclosed below the
regulatory flood elevation:
(b)
In A Zones, where there are no base flood elevations 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.
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
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.
(d)
The design and construction standards and specifications contained
in the 2009 IBC and 2009 IRC, or the most recent revisions thereof,
and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended)
shall be utilized.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria.
[1]
Minimum of two openings having a net total area of not less
than one square inch for every one square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(4)
Accessory structures. 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:
(a)
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 on the same lot.
(b)
Floor area shall not exceed 100 square feet.
(c)
The structure shall be designed and constructed to have the
capability of resisting the base flood.
(d)
The structure shall be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc. are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every one square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
C.
Special technical requirements.
(1)
Development which may endanger human life. In accordance with
the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure of the kind described in § 181-122B(14) shall be subject to the provision of this section, in addition to all other applicable provisions.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Any structure of the kind described in § 181-122B(14) shall be prohibited within any floodway area. Within any identified floodplain area, any new or substantially improved structure of the kind described in § 181-122B(14) shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 181-122B(14) shall be elevated to remain completely dry up to at least 1 1/2 feet above BFE and built in accordance with the standards in § 181-124B.
(4)
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 181-122B(14) shall be built in accordance with the standards in § 181-124B(2), including:
(a)
Elevated, or designed and constructed to remain completely dry
up to at least 1 1/2 feet above BFE; and
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood.
(c)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations" (United States Army
Corps of Engineers, June 1972, as amended March 1992), or with some
other equivalent watertight standard.
D.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within the
Floodplain Conservation District.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(d)
Be no steeper than one vertical foot to two horizontal feet
unless substantiated data, justifying steeper slopes, are submitted
to and approved by the Floodplain Administrator.
(e)
Be used only to the extent to which it does not adversely affect
adjacent properties.
(2)
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 proper 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.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems, including all pumping stations and collector systems,
shall be located, designed, and constructed to minimize or eliminate
flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
the Floodplain Conservation District.
(d)
The design and construction provisions of the UCC; FEMA #348,
"Protecting Building Utilities from Flood Damages," and The International
Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities, such as gas lines and
electrical and telephone systems, shall be located, elevated (where
possible), and constructed so as to minimize the chance of impairment
during a flood.
(5)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or that, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 181-124C(1), shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
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.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components, located below the regulatory flood elevation
shall be firmly anchored or affixed to prevent flotation.
(9)
Floors, walls, and ceilings.
(a)
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 incurring structural
damage to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
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.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(12)
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.
(13)
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.
(14)
Uniform Construction Code coordination.
(a)
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 sections and subsections of this
article, to the extent that they are more restrictive and/or supplement
the requirements of this article.
A.
General. In accordance with the administration regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[1] the activities indicated in § 181-122B(12) and (13) shall be prohibited within the Floodplain Conservation District unless a special permit has been issued by the Borough of Jenkintown. In order to apply for a special permit, a variance must first be obtained, as outlined in § 181-123.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Application requirements for special permits. Applicants for special
permits shall provide five copies of the following items:
(1)
A written request including a completed special permit application
form.
(2)
A small scale map showing the vicinity in which the proposed
site is located.
(3)
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)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(c)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
(d)
The location of all existing streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types,
construction, and elevations;
(e)
The location of any existing bodies of water or watercourses,
buildings, structures, and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water, including direction and velocities;
(g)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(h)
Any other information which the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures, and other improvements,
clearly and legibly drawn at a suitable scale, showing the following:
(a)
Sufficiently detailed architectural or engineering drawings;
including floor plans, sections, and exterior building elevations,
as appropriate;
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation;
(d)
Detailed information concerning any proposed floodproofing measures;
(e)
Cross section drawings for all proposed streets, drives, other
accessways, and parking areas showing all rights-of-way and pavement
widths;
(f)
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades; and
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(b)
Certification from a registered professional engineer, architect,
landscape architect, or other qualified person, that the proposed
construction has been adequately designed to protect against damage
from the base flood elevation;
(c)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person, which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood elevation, including a statement concerning the effects
such pollution may have on human life;
(d)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person, which contains
a complete and accurate description of the effects the proposed development
will have on base flood elevations and flows;
(e)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person, which contains
a complete and accurate description of the kinds and amounts of any
loose buoyant materials or debris that may possibly exist or be located
on the site below the base flood elevation and the effects such materials
and debris may have on base flood elevations and flows;
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(g)
Where any excavation or grading is proposed, a plan meeting
the Department of Environmental Protection's requirements to implement
and maintain erosion and sedimentation control;
(h)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under § 302 of Act 1978-166; and
(i)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
C.
Application review procedures. Upon receipt of an application for a special permit by the Borough of Jenkintown the following procedures shall apply in addition to those in § 181-126.
(1)
Within three working days following receipt of the application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission for its review
and recommendations. Copies of the application shall also be forwarded
to the Borough Planning Commission and Borough Engineer for review
and comment.
(2)
If an application is received that is incomplete, the Borough
of Jenkintown shall notify the applicant in writing, stating in what
respect the application is deficient.
(3)
If the Borough of Jenkintown decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
(4)
If the Borough of Jenkintown approves an application, it shall
file written notification, together with the application and all pertinent
information, with the Department of Community and Economic Development,
by registered or certified mail, within five working days after the
date of approval.
(5)
Before issuing the special permit, the Borough of Jenkintown
shall allow the Department of Community and Economic Development 30
days, after the receipt of the notification by the Department, to
review the application and the decision made by the Borough of Jenkintown.
(6)
If the Borough of Jenkintown does not receive any communication
from the Department of Community and Economic Development during the
thirty-day review period, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development should
decide to disapprove an application, it shall notify the Borough of
Jenkintown and the applicant, in writing, of the reasons for the disapproval,
and the Borough of Jenkintown shall not issue the special permit.
D.
Special technical requirements. In addition to the requirements of § 181-124 of this article, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in § 181-124 of this article or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(1)
No application for a special permit shall be approved unless
it can be determined that the structure or activity will be located,
constructed, and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
[1]
The structure will survive inundation by waters of the base
flood elevation without any lateral movement or damage to either the
structure itself, or to any of its equipment or contents below the
BFE;
[2]
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above the BFE; and
[3]
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the BFE.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(2)
All hydrologic and hydraulic analyses shall be undertaken only
by professional engineers, or others of demonstrated qualification,
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 of Jenkintown and the Department of Community
and Economic Development.
A.
Designation of the Floodplain Administrator. The Code Enforcement
Officer within the Borough is hereby appointed to administer and enforce
this article and is referred to herein as the Floodplain Administrator.
B.
Permits required. A permit shall be required before any proposed construction or development is undertaken within the Floodplain Conservation District. In the case of a proposed hospital, nursing home, jail, prison, or manufactured home park or subdivision, the permit referred to here would be the special permit of § 181-125.
C.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended);[1] and the U.S. Clean Water Act (§ 404, 33 U.S.C.
1344). No permit shall be issued until this determination has been
made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.; 32 P.S. § 693.1
et seq.; and 35 P.S. § 691.1 et seq., respectively.
(3)
In the case of existing structures, prior to the issuance of
any permit, the Floodplain Administrator shall review the history
of repairs to the subject building, so that any repetitive loss issues
can be addressed before the permit is issued.
(4)
During the construction period, the Floodplain Administrator,
or other authorized official, may inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable Borough laws and
ordinances. The Floodplain Administrator shall make as many inspections,
during and upon completion of the work, as are necessary.
(5)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises,
or development in the Floodplain Conservation District, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(6)
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 an applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Borough Council for whatever action it
considers necessary.
(7)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this article including,
but not limited to, permitting, inspection, and enforcement.
(8)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and 2009 IRC, or latest revisions
thereof.
D.
Application procedures and requirements.
(1)
Application for a permit shall be made in writing to the Floodplain
Administrator on forms provided by the Borough. Such application shall
contain, or be accompanied by, the following specific information:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including street address(es).
(e)
Listing of other permits or variances required.
(f)
Brief description of work and estimated cost, including a breakout
of flood-related cost, and the market value of the building before
the flood damage occurred, where applicable.
(2)
If any proposed construction or development is located entirely
or partially within the Floodplain Conservation District, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination.
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet, or less, showing all of the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if available.
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
[4]
The location of all existing streets, drives, and other access
ways.
[5]
The location of any existing bodies of water or watercourses,
the Floodplain Conservation District, information pertaining to the
floodway, and the flow of water including direction and velocities,
if available.
(c)
Plans of all proposed buildings, structures, and other improvements,
drawn at a scale of one being equal to 100 feet, or less, showing
all of the following:
[1]
The proposed lowest floor elevation (including basement) of
any proposed building based upon North American Vertical Datum (NAVD)
of 1988.
[2]
The elevation of the base flood.
[3]
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC, or the 2009 IRC, or the latest revisions thereof.
(d)
The following data and documentation:
[1]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[2]
If available, information concerning flood depths, pressures,
velocities, impact and uplift force and other factors associated with
a base flood elevation; and detailed information concerning any proposed
floodproofing measures and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an AE Area/District without floodway when combined with all
other existing and anticipated development, will not increase the
base flood elevation by more than one foot at any point.
[4]
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 associates with the BFE. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or development.
[5]
Detailed information needed to determine compliance with §§ 181-122B(14)(d) and 181-124D(6), including:
[6]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[7]
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.
(e)
Applications for a permit within the Floodplain Conservation
District shall be accompanied by a fee, payable to the Borough of
Jenkintown, based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator at rates established
by Borough Council from time to time.
E.
Review by Montgomery County Conservation District. A copy of all
applications and plans for any proposed construction or development
in the Floodplain Conservation District to be considered for approval
shall be submitted by the Floodplain Administrator to the County Conservation
District for review and comment prior to the issuance of a permit.
The recommendations of the County Conservation District shall be considered
by the Floodplain Administrator for possible incorporation into the
proposed plan.
F.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in the Floodplain Conservation
District 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) for review and comment.
G.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit, or
any of the plans, specifications, or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
H.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
permit number, the date of its issuance, and be signed by the Floodplain
Administrator.
I.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance of the permit and shall
be completed within 12 months after the date of issuance of the permit,
or the permit shall expire, unless a time extension is granted, in
writing, by the Floodplain Administrator.
(2)
Time extensions shall be granted only if a written request is
submitted by the applicant, which sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
J.
Enforcement.
(1)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
article, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice, in writing, of such alleged violation
as hereinafter provided. Such notice shall:
(a)
Include a statement of the reasons for its issuance;
(b)
Allow a reasonable time, not to exceed a period of 30 days,
for the performance of any act it requires;
(c)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this commonwealth; and
(d)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this article, or any part
thereof, and with the regulation adopted pursuant thereto.
(2)
Penalties. Any person who fails to comply with any or all of
the requirements or provisions of this article, or who fails or refuses
to comply with any notice, order, or direction of the Floodplain Administrator,
or any other authorized employee of the Borough, shall pay a fine
to the Borough of Jenkintown, of not less than $25 nor more than $600,
plus costs of prosecution. In addition to the above penalties, all
other actions are hereby reserved, including an action in equity,
for the proper enforcement of this article. The imposition of a fine
or penalty for any violation of, or noncompliance with, this article
shall not excuse the violation or noncompliance or permit it to continue
and all such persons shall be required to correct or remedy such violations
and noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated, in noncompliance with this article may be declared
by the Borough Council to be a public nuisance and abated as such.
K.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination,
or action of the Floodplain Administrator.
(2)
Upon receipt of such appeal, the Zoning Hearing Board shall
consider the appeal in accordance with the Municipalities Planning
Code and any other local ordinance.
