[1]
Editor’s Note: This Part was adopted 3/16/2015 by Ord.
No. 2015-5, 3/16/2015, which ordinance superseded former Part 12,
Floodplain District Regulations, adopted by Ord. 1999-5, 5/17/1999.
[Ord. 2015-5, 3/16/2015]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Council
of the Borough of Doylestown does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
[Ord. 2015-5, 3/16/2015]
1.
Intent. The intent of this Part is to:
A.
Promote the general health, welfare, and safety of the community.
B.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural
drainage.
D.
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
E.
Comply with federal and state floodplain management requirements.
2.
Applicability.
A.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the Borough of Doylestown unless a permit has been
obtained from the Floodplain Administrator.[1]
[1]
Editor’s Note: Former Subsection 2B, regarding minor
repairs to existing buildings, which immediately followed this subsection,
was repealed 3/20/2017 by Ord. 2017-3.
3.
Abrogation and Greater Restrictions. This Part supersedes any other
conflicting provisions which may be in effect in identified floodplain
areas. However, any other ordinance provisions shall remain in full
force and effect to the extent that those provisions are more restrictive.
If there is any conflict between any of the provisions of this Part,
the more restrictive shall apply.
4.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this Part shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of this Part,
which shall remain in full force and effect, and for this purpose
the provisions of this Part are hereby declared to be severable.
5.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by the provisions of this Part
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This Part does not imply that
areas outside any identified floodplain areas, or that land uses permitted
within such areas, will be free from flooding or flood damages.
B.
This Part shall not create liability on the part of the Borough of
Doylestown or any officer or employee thereof for any flood damages
that result from reliance on this Part or any administrative decision
lawfully made thereunder.
[Ord. 2015-5, 3/16/2015]
1.
Designation of Floodplain Administrator.
A.
The Zoning Officer is hereby appointed to administer and enforce
this Part and is referred to herein as the "Floodplain Administrator."
The Floodplain Administrator may: fulfill the duties and responsibilities
set forth in these regulations; delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees; or enter into a written
agreement or written contract with another agency or private sector
entity to administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22.
B.
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Borough Manager.
2.
Permits Required. A permit shall be required before any construction
or development is undertaken within any area of the Borough of Doylestown.
3.
Duties and Responsibilities of Floodplain Administrator.
A.
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this Part and all other applicable
codes and ordinances.
B.
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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
C.
In the case of existing structures, prior to the issuance of any
development permit, the Floodplain Administrator may review the history
of repairs to the subject building, so that any repetitive loss concerns
can be addressed before the permit is issued.
D.
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
E.
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this Part.
F.
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Council for whatever action it considers
necessary.
G.
The Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this Part, including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
H.
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
I.
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this Part as the Floodplain Administrator/Manager.
J.
The Floodplain Administrator shall consider the requirements of 34
Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
4.
Application Procedures and Requirements.
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Borough of Doylestown. Such
application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(7)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(1)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this Part and all
other applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(4)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used;
and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
and
(e)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(4)
The following data and documentation:
(a)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(b)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood; and floodway area (See § 1204.2A), when
combined with all other existing and anticipated development, will
not increase the base flood elevation at any point.
(c)
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 (See § 1204.2B),
when combined with all other existing and anticipated development,
will not increase the base flood elevation more than one foot at any
point within the community.
(d)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
(e)
Detailed information needed to determine compliance with §§ 1205.3F,
Storage, and 1205.4, Development Which May Endanger Human Life, including:
(i)
The amount, location and purpose of any materials
or substances referred to in §§ 1205.3F and 1205.4
which are intended to be used, produced, stored or otherwise maintained
on site.
(ii)
A description of the safeguards incorporated into
the design of the proposed structure to prevent leaks or spills of
the dangerous materials or substances listed in § 1205.4
during a base flood.
(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 requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
5.
Review of Application by Others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Bucks County Conservation District, Municipal
Engineer, etc.) for review and comment.
6.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
7.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit and the date of its issuance, and shall be signed
by the Floodplain Administrator.
8.
Start of Construction.
A.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. Work
shall also be completed within 12 months after the date of issuance
of the permit, or the permit shall expire unless a time extension
is granted, in writing, by the Floodplain Administrator. The issuance
of development permit does not refer to the zoning approval.
B.
The "actual start of construction" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the "actual start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
C.
Time extensions shall be granted only if a written request is submitted
by the applicant, who sets forth sufficient and reasonable cause for
the Floodplain Administrator to approve such a request, and the original
permit is compliant with the ordinance and FIRM/FIS in effect at the
time the extension is granted.
[Ord. 2015-5, 3/16/2015]
1.
Identification.
A.
The identified floodplain area shall be any areas of the Borough
of Doylestown classified as special flood hazard areas (SFHAs) in
the Flood Insurance Study (FIS) and the accompanying Flood Insurance
Rate Maps (FIRMs) dated March 16, 2015, and issued by the Federal
Emergency Management Agency (FEMA) or the most recent revision thereof,
including all digital data developed as part of the Flood Insurance
Study.
B.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Borough of Doylestown and
declared to be a part of this Part.
2.
Description and Special Requirements of Identified Floodplain Areas.
The identified floodplain area shall consist of the following specific
areas:
A.
The Floodway Area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(1)
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.
(2)
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
B.
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.
(1)
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.
(2)
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.
(a)
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.
(b)
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.
C.
The A Area/District shall be those areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
base flood elevations have been provided. For these areas, elevation
and floodway information from other Federal, State, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site. The Borough of Doylestown
may require the applicant to determine the elevation with hydrologic
and hydraulic engineering techniques. Hydrologic and hydraulic analyses
shall be undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the municipality.
D.
The AO and AH Area/District shall be those areas identified as Zones
AO and AH on the FIRM and in the FIS. These areas are subject to inundation
by one-percent-annual-chance shallow flooding where average depths
are between one and three feet. In Zones AO and AH, drainage paths
shall be established to guide floodwaters around and away from structures
on slopes.
3.
Changes in Identification of Area. The identified floodplain area
may be revised or modified by the Borough of Doylestown where studies
or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change to the
special flood hazard area, approval must be obtained from FEMA. Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify FEMA
of the changes to the special flood hazard area by submitting technical
or scientific data. See § 1205.1B for situations where FEMA
notification is required.
4.
Boundary Disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Borough
of Doylestown, and any party aggrieved by this decision or determination
may appeal to the Council. The burden of proof shall be on the appellant.
5.
Jurisdictional Boundary Changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
[Ord. 2015-5, 3/16/2015]
1.
General.
A.
Alteration or Relocation of Watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection Regional Office.
(2)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
B.
When a community proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or 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 base flood elevation; or alteration or relocation
of a stream (including but not limited to installing culverts and
bridges) the applicant shall (as per 44 CFR 65.12):
(1)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
(2)
Upon receipt of the Administrator's conditional approval of
map change and prior to approving the proposed encroachments, a community
shall provide evidence to FEMA of the adoption of floodplain management
ordinances incorporating the increased base flood elevations and/or
revised floodway reflecting the postproject condition.
(3)
Upon completion of the proposed encroachments, a community shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR Part
67.
C.
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this Part and any other applicable
codes, ordinances and regulations.
2.
Elevation and Floodproofing Requirements.
A.
Residential Structures.
(1)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(2)
In A Zones, where there are no base flood elevations specified
on the FIRM, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated up to, or above,
the regulatory flood elevation determined in accordance with § 1204.2C
of this Part.
(3)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the most recent revisions thereof, and
ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall
be utilized, where they are more restrictive.
B.
Nonresidential Structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(2)
In A Zones, where no base flood elevations are specified on
the FIRM, any new construction or substantial improvement shall have
the lowest floor (including basement) elevated or completely floodproofed
up to, or above, the regulatory flood elevation determined in accordance
with § 1204.2C of this Part.
(3)
In AO Zones, any new construction or substantial improvement
shall have its lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified on the FIRM.
(4)
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.
(5)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the most recent revisions thereof, and
ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall
be utilized, where they are more restrictive.
C.
Space Below Lowest Floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
D.
Historic Structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement, as defined in this
Part, must comply with all ordinance requirements that do not preclude
the structure's continued designation as an historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
E.
Accessory Structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
(1)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
Floor area shall not exceed 200 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect, or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
3.
Design and Construction Standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
A.
Fill.
(1)
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 to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by, the Floodplain Administrator; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
B.
Drainage Facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
C.
Water and Sanitary Sewer Facilities and Systems.
(1)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site waste disposal system shall be located
within any identified floodplain area except in strict compliance
with all State and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA #348,
"Protecting Building Utilities From Flood Damages," and the International
Private Sewage Disposal Code shall be utilized.
D.
Other Utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or
in times of flooding could be injurious to human, animal, or plant
life, and not listed in § 1205.4, Development Which May
Endanger Human Life, shall be stored at or above the regulatory flood
elevation or floodproofed to the maximum extent possible.
G.
Placement of Buildings and Structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
I.
Floors, Walls and Ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without causing structural damage
to the building.
(2)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
J.
Paints and Adhesives.
(1)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
L.
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
M.
Fuel Supply Systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform Construction Code Coordination. The standards and specifications
contained 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 Part, to the extent that
they are more restrictive and supplement the requirements of this
Part.
4.
Development Which May Endanger Human Life.
A.
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 which will be used for the production or storage
of any of the following dangerous materials or substances; or will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or will involve
the production, storage, or use of any amount of radioactive substances
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following listed 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)
Phosphorus.
(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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
C.
Within any floodway area, any structure of the kind described in Subsection A, above, shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 1205.4A, above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with §§ 1205.1, 1205.2 and 1205.3.
D.
New or Substantially Improved Structures.
(1)
Where permitted within any identified floodplain area, any new
or substantially improved nonresidential structure of the kind described
in § 1205.4A, above, shall be built in accordance with §§ 1205.1,
1205.2 and 1205.3 including:
(2)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations" (U.S. Army Corps of
Engineers, June 1972, as amended March 1992), or with some other equivalent
watertight standard.
5.
Special Requirements for Subdivisions and Development. All subdivision
proposals and development proposals containing at least 50 lots or
at least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision and letter of map revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
6.
Special Requirements for Manufactured Homes.
A.
Within any identified floodplain area, manufactured homes shall be
prohibited. If a variance is obtained in accordance with the criteria
in § 1208, then the following provisions apply:
(1)
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements 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 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.
(2)
Installation of manufactured homes shall be done in accordance
with the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the U.S. Department of Housing and Urban Development's
"Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto, and 34 Pa. Code Chapters 401 through 405
shall apply.
(3)
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 unit's installation.
7.
Special Requirements for Recreational Vehicles. Within any identified
floodplain area, recreational vehicles shall be prohibited. If a variance
is obtained in accordance with the criteria in § 1208, then
the following provisions apply:
[Ord. 2015-5, 3/16/2015]
1.
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any
identified floodplain area unless a special permit has been issued
by the Borough of Doylestown:
B.
The commencement of, or any construction of, a new manufactured home
park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
2.
Application Requirements for Special Permits. Applicants for special
permits shall provide five copies of the following items:
A.
A written request, including a completed permit application form.
B.
A small scale map showing the vicinity in which the proposed site
is located.
C.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date;
(2)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(3)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
(4)
The location of all existing streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(5)
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;
(6)
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;
(7)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(8)
Any other information which the municipality considers necessary
for adequate review of the application.
D.
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, showing the following:
(1)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood;
(4)
Detailed information concerning any proposed floodproofing measures;
(5)
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(6)
Profile drawings for all proposed streets, drives, and vehicular
accessways, including existing and proposed grades; and
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
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/she represents;
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood;
(3)
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, including a statement concerning the effects such pollution
may have on human life;
(4)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation and flows;
(5)
A statement, certified by a registered professional engineer,
architect, or landscape architect, 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 elevation and flows;
(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;
(9)
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.
3.
Application Review Procedures. Upon receipt of an application for
a special permit by the Borough of Doylestown, the following procedures
shall apply in addition to those of § 1203:
A.
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, by registered
or certified mail, for its review and recommendations. Copies of the
application shall also be forwarded to the Borough of Doylestown Planning
Commission and Borough Engineer for review and comment.
B.
If an application is received that is incomplete, the Borough of
Doylestown shall notify the applicant in writing, stating in what
respect the application is deficient.
C.
If the Borough of Doylestown decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
D.
If the Borough of Doylestown 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.
E.
Before issuing the special permit, the Borough of Doylestown shall
allow the Department of Community and Economic Development 30 days,
after receipt of the notification by the Department, to review the
application and decision made by the Borough of Doylestown.
F.
If the Borough of Doylestown 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.
G.
If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify the Borough of Doylestown
and the applicant, in writing, of the reasons for the disapproval,
and the Borough of Doylestown shall not issue the special permit.
4.
Special Technical Requirements.
A.
In addition to the requirements of § 1205 of this Part,
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 § 1205 of
this Part or in any other code, ordinance, or regulation, the more
restrictive provision shall apply.
B.
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:
(1)
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:
(a)
The structure will survive inundation by waters of the base
flood without any lateral movement or damage to either the structure
itself, or to any of its equipment or contents below the BFE.
(b)
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above base flood elevation.
(c)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood.
(2)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
C.
All 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 of Doylestown and the Department of Community
and Economic Development.
[Ord. 2015-5, 3/16/2015]
1.
Existing Structures. The provisions of this Part 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 § 1207, Subsection 2, shall apply.
2.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
A.
No expansion or enlargement of an existing structure shall be allowed
within any Floodway Area/District that would cause any increase in
BFE.
B.
No expansion or enlargement of an existing structure shall be allowed
within any AE Area/District without floodway that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
C.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure to an extent or amount of 50% or more
of its market value shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this Part.
D.
The above activity shall also address the requirements of 34 Pa.
Code, as amended, and the 2009 IBC and the 2009 IRC.
E.
Within any floodway area/district (see § 1204, Subsection 2A), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
F.
Within any AE Area/District without floodway (see § 1204, Subsection 2B), 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.
G.
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 chapter.
[Added by Ord. 2017-3, 3/20/2017]
[Ord. 2015-5, 3/16/2015]
1.
General. If compliance with any of the requirements of this Part
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.
2.
Variance Procedures and Conditions. Requests for variances shall be considered by the Borough of Doylestown in accordance with the procedures contained in Part 11, § 1119, and the following:
[Amended by Ord. 2017-3, 3/20/2017]
A.
No variance shall be granted for any construction, development, use,
or activity within any floodway area/district that would cause any
increase in the BFE.
B.
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 more than one foot at any point.
C.
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by special permit or to development which may endanger human life.
D.
If granted, a variance shall involve only the least modification
necessary to provide relief.
E.
In granting any variance, the Borough of Doylestown shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety, and welfare, and to
achieve the objectives of this Part.
3.
A complete record of all variance requests and related actions shall
be maintained by the Borough of Doylestown. In addition, a report
of all variances granted during the year shall be included in the
annual report to FEMA.
4.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent annual chance flood.
[Ord. 2015-5, 3/16/2015]
1.
Adoption. This Part shall be effective on March 16, 2015, and shall
remain in force until modified, amended or rescinded by the Borough
of Doylestown, Bucks County, Pennsylvania.
