A.
In expansion of the declaration of legislative intent and statement of community development objectives contained in Article I of this chapter, the specific intent of this district is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by:
(1)
Regulating uses, activities and development which, acting alone or
in combination with other existing or future uses, activities, and
development, will cause unacceptable increases in flood heights, velocities
and frequencies.
(2)
Restricting or prohibiting certain uses, activities and development
from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and developments that do
occur in flood-prone areas to be protected and/or floodproofed against
flooding and flood damage.
(4)
Protecting individuals from buying lands and structures which
are unsuited for intended purposes because of flood hazards.
B.
Applicability.
[Added 12-16-1996 by Ord. No. 6-96]
(1)
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 unless a building permit
has been obtained from the Building Permit Officer.
(2)
A building permit shall not be required for minor repairs to
existing buildings or structures.
C.
Abrogation and greater restrictions. This chapter supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this chapter, the more restrictive shall apply.
[Added 12-16-1996 by Ord. No. 6-96]
[Amended 12-16-1996 by Ord. No. 6-96]
A.
Building permits required. Building permits shall be required before
any construction or development is undertaken within any area of the
Borough.
B.
Issuance of building permit.
(1)
The Building Permit Officer shall issue a building permit only
after it has been determined that the proposed work to be undertaken
will be in conformance with the requirements of this chapter and all
other applicable codes and ordinances.
(2)
Prior to the issuance of any building permit, the Building Permit
Officer shall review the application for the permit to determine if
all other necessary government permits required by state and federal
laws have been obtained, such as those required by the Pennsylvania
Sewage Facilities Act (Act 1966-537, as amended);[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 United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
(3)
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 approvals have been first obtained from
the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Insurance Administrator and
Pennsylvania Department of Community Affairs, Bureau of Community
Planning, shall be notified by the Borough prior to any alteration
or relocation of any watercourse.
C.
Application procedures and requirements.
(1)
Application for such a building permit shall be made, in writing,
to the Building Permit Officer on forms supplied by the Borough. Such
application shall contain the following:
(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.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
building permits shall provide all the necessary information in sufficient
detail and clarity to enable the Building Permit Officer to determine
that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this chapter 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; and
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(3)
Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in § 110-1303) as may be required by the Building Permit Officer to make the above determination:
(a)
A completed building permit application form.
(b)
A plan of the entire site, clearly and legibly drawn as a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale and date;
[2]
Topographic contour lines, if available;
[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 and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and land development;
[5]
The location of all existing streets, drives and
other accessways; and
[6]
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.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed
building based upon National Geodetic Vertical Datum of 1929;
[2]
The elevation of the one-hundred-year flood;
[3]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a one-hundred-year flood; and
[4]
Detailed information concerning any proposed floodproofing
measures.
(d)
The following data and documentation:
[1]
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the one-hundred-year
flood. Such statement shall include a description of the type and
extent of floodproofing measures which have been incorporated into
the design of the structure and/or the development.
[2]
Detailed information needed to determine compliance with § 110-1303D(6), Storage, and § 110-1303E, Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in §§ 110-1303D(6) and 110-1303E which are intended to be used, produced, stored or otherwise maintained on site.
[3]
The appropriate component of the Department of
Environmental Protection's "Planning Module for Land Development."
[4]
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.
D.
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the Building Permit Officer to the County Conservation District for
review and comment prior to the issuance of a building permit. The
recommendations of the Conservation District shall be considered by
the Building Permit Officer for possible incorporation into the proposed
plan.
E.
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 Building
Permit Officer to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment.
F.
Changes. After the issuance of a building permit by the Building
Permit Officer, 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
Building Permit Officer. Requests for any such change shall be in
writing and shall be submitted by the applicant to Building Permit
Officer for consideration.
G.
Placards. In addition to the building permit, the Building Permit
Officer 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 building permit and the date of its issuance and
be signed by the Building Permit Officer.
H.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 12 months after the
date of issuance of the building permit or the permit shall expire,
unless a time extension is granted, in writing, by the Building Permit
Officer. Construction and/or development shall be considered to have
started with the preparation of land, land clearing, grading, filling,
excavation of basement, footings, piers, or foundations, erection
of temporary forms, the installation of piling under proposed subsurface
footing, or the installation of sewer, gas and water pipes, or electrical
or other service lines from the street.
(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 Building Permit Officer to approve such a request.
I.
Inspection and revocation.
(1)
During the construction period, the Building Permit Officer
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 shall make as many inspections during and upon completion
of the work as are necessary.
(2)
In the discharge of his duties, the Building Permit Officer
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 chapter.
(3)
In the event the Building Permit Officer 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 Building Permit Officer shall revoke the building
permit and report such fact to the Borough Council for whatever action
it considers necessary.
(4)
A record of all such inspections and violations of this chapter
shall be maintained.
J.
Enforcement.
(1)
Notices. Whenever the Building Permit Officer or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter, or of any regulations adopted pursuant thereto, the Building
Permit Officer shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time, not to exceed a period of 30 days,
for the performance of any act it requires;
(d)
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 state; and
(e)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this chapter.
(2)
Penalties. Any person who fails to comply with any or all of
the requirements or provisions of this chapter or who fails or refuses
to comply with any notice, order of direction of the Building Permit
Officer or any other authorized employee of the municipality shall
be guilty of an offense and, upon conviction, shall pay a fine to
the Borough of not less than $25 nor more than $300, plus costs of
prosecution. In default of such payment, such person shall be imprisoned
in the county prison for a period not to exceed 10 days. Each day
during which any violation of this chapter continues shall constitute
a separate offense. In addition to the above penalties, all other
actions are hereby reserved, including an action in equity for the
proper enforcement of this chapter. The imposition of a fine or penalty
for any violation of, or noncompliance with, this chapter shall not
excuse the violation or noncompliance or permit it to continue; and
all such persons shall be required to correct or remedy such violation,
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated in noncompliance with this chapter may be declared
by the Borough Council to be a public nuisance and abatable as such.
K.
Appeals.
(1)
Any person aggrieved by any action or decision of the Building
Permit Officer concerning the administration of the provisions of
this chapter may appeal to the Borough Council. Such appeal must be
filed, in writing, within 30 days after the decision or action of
the Building Permit Officer.
(2)
Upon receipt of such appeal, the Borough Council shall set a
time and place, within not less than 10 nor more than 30 days, for
the purpose of considering the appeal. Notice of the time and place
at which the appeal will be considered shall be given to all parties.
[Amended 12-16-1996 by Ord. No. 6-96]
The various floodplain districts shall include areas subject
to inundation by waters of the one-hundred-year flood. The Borough's
basis for the delineation of these districts shall be the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRM)
prepared for the Borough of Pennsburg by the Federal Emergency Management
Agency (FEMA), dated December 19, 1996, or the most recent revision
thereof.
A.
"Floodplain" is defined as those areas subject to inundation by the
waters of the one-hundred-year flood as delineated in the Flood Insurance
Study (FIS) for Pennsburg Borough, Montgomery County, Pennsylvania,
as prepared by the Federal Emergency Management Agency, Federal Insurance
Administration (FIA). The floodplain areas shall consist of three
subdistricts as follows:
(1)
The Floodway District (FW) is the channel of a stream plus any
adjacent floodplain areas that must be kept free of encroachment in
order that the one-hundred-year flood can be carried without increasing
the water surface elevation of the flood more than one foot at any
point. The Floodway District is shown on the Pennsburg Borough Official
Zoning Map.[1] The areas included in the district are specifically defined
in Table 6 of the above-referenced Flood Insurance Study and shown
on the accompanying Flood Insurance Rate Map.
[1]
Editor's Note: The Zoning Map is included at the end of this
chapter.
(2)
The Flood-Fringe District (FF) is the area between the floodway
and the outermost boundary of the one-hundred-year flood. The basis
for this district shall be the one-hundred-year flood elevations contained
in the flood profiles of the above-referenced Flood Insurance Study
and as shown on the accompanying Flood Insurance Rate Map.
(3)
The General Floodplain District (FA) shall include the low area
adjoining and including any water or drainage course subject to periodic
flooding or overflow and any land including one or more of the following
soil types which are identified by the Montgomery County Soil Survey
(1967) as alluvial soils:
|
Bm (Bermudian silt loam)
| |
|
Bo (Bouldery alluvial soils)
| |
|
Bp (Bowmansville silt loam)
| |
|
Ch (Chodorus silt loam)
| |
|
Ha (Hatborough silt loam)
| |
|
Rt (Rowland silt loam)
| |
|
Ru (Rowland silt loam, coal overwash)
|
B.
Changes in identification of area. The identified floodplain area
may be revised or modified by the Borough Council where studies or
information provided by a qualified agency or person documents the
need for such revision. However, prior to any such change, approval
must be obtained from the Federal Insurance Administration (FIA).
C.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Borough
Planning Commission, and any party aggrieved by this decision may
appeal to the Borough Council. The burden of proof shall be on the
appellant.
[Amended 12-16-1996 by Ord. No. 6-96]
A.
General.
(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 been first obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Emergency Management Agency
and Pennsylvania Department of Community Affairs, Bureau of Community
Planning, shall be notified prior to any alteration or relocation
of any watercourse.
(2)
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 chapter and any other
applicable codes, ordinances and regulations.
B.
Special requirements for FW and FA areas.
(1)
With any FW (Floodway Area), the following provisions apply:
(a)
Any new construction, development, use, activity, or encroachment
that would cause any increase in the one-hundred-year flood heights
shall be prohibited.
(b)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection,
Bureau of Dams, Waterways and Wetlands.
(2)
Within any FA (General Floodplain Area), the following provisions
apply:
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection,
Bureau of Dams, Waterways and Wetlands.
(b)
Any new construction or development which would cause any increase
in the one-hundred-year flood heights shall be prohibited within any
Floodway Area.
C.
Elevation and floodproofing requirements.
(1)
Residential structures. Within any identified floodplain area,
any new construction or substantial improvement of a residential structure
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
(2)
Nonresidential structures.
(a)
Within any identified floodplain area, 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 by such structure shall remain either completely
or essentially dry during any flood up to that height.
(b)
Any nonresidential structure, or part thereof, having a lowest
floor which is not elevated to at least 1 1/2 feet above the
one-hundred-year flood elevation shall be floodproofed in a completely
or essentially dry manner in accordance with the W1 or W2 space classification
standards contained in the publication entitled "Flood-Proofing Regulations,"
published by the United States Army Corps 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.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(b)
Partially enclosed space below the lowest floor (including basement)
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 "partially enclosed space" also includes crawl spaces.
(c)
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 square foot of enclosed
space shall be provided.
[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.
(b)
Floor area shall not exceed 600 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will 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 at least 1 1/2
feet above the one-hundred-year 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 floodwaters for the purposes 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 square foot of enclosing
space shall be provided.
[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.
D.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(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 to two horizontal feet, unless
substantiated data justifying steeper slopes are submitted to and
approved by the Building Permit Officer; and
(e)
Be used 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 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.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and
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
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)
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.
(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, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 110-1303E, Development which may endanger human life, 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 floodwater.
(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 securely 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 causing 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.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of a marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(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.
E.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,
and the regulations adopted by the Department of Community Affairs
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 or 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 list of materials and substances are considered
dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel, oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(2)
Within any FW (Floodway Area), any structure of the kind described in Subsection E(1) above shall be prohibited.
(3)
Within any FA (General Floodplain Area), any new or substantially improved structure of any kind described in Subsection E(1) above shall be prohibited within the area measured 50 feet landward from the top-of-bank of the watercourse.
(4)
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection E(1) above shall be:
(5)
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.
F.
Special requirements for manufactured homes.
(1)
With any FW (Floodway Area), manufactured homes shall be prohibited.
(2)
Within any FA (General Floodplain Area), manufactured homes
shall be prohibited within the area measured 50 feet landward from
the top-of-bank of any watercourse.
(3)
Where permitted within any floodplain area, all manufactured
homes, and any improvements thereto, shall be:
[Amended 12-16-1996 by Ord. No. 6-96]
A.
General. In accordance with the administrative regulations promulgated
by the Department of Community Affairs 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:
(2)
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.
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 building 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 National Geodetic Vertical Datum of
1929, 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
and 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 one-hundred-year flood elevations,
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 one-hundred-year
flood;
(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,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the one-hundred-year flood;
(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 one-hundred-year flood, including a statement concerning the effects
such pollution may have on human life;
(d)
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 one-hundred-year
flood elevations and flows;
(e)
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 one-hundred-year flood elevation and the effects such materials
and debris may have on one-hundred-year 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 requirements of the Department of Environmental Protection, 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 Section 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
one-hundred-year flood.
C.
Application review procedures. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to those of Article II:
(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 by registered
or certified mail 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
shall notify the applicant in writing, stating in what respect the
application is deficient.
(3)
If the Borough decides to disapprove an application, it shall
notify the applicant, in writing, of the reasons for the disapproval.
(4)
If the Borough approves an application, it shall file written
notification, together with the application and all pertinent information,
with the Department of Community Affairs, by registered or certified
mail, within five working days after the date of approval.
(5)
Before issuing the special permit, the Borough shall allow the
Department of Community Affairs 30 days, after receipt of the notification
by the Department, to review the application and decision made by
the Borough.
(6)
If the Borough does not receive any communication from the Department
of Community Affairs during the thirty-day review period, it may issue
a special permit to the applicant.
(7)
If the Department of Community Affairs should decide to disapprove
an application, it shall notify the Borough and the applicant, in
writing, of the reasons for the disapproval, and the Borough shall
not issue the special permit.
D.
Special technical requirements.
(1)
In addition to the requirements of § 110-1303 of this chapter, 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 § 110-1303 of this chapter or in any other code, ordinance, or regulation, the more-restrictive provision shall apply.
(2)
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 one-hundred-year flood without any lateral movement or damage
to either the structure itself or to any of its equipment or contents
below the one-hundred-year flood elevation.
[2]
The lowest floor (including basement) elevation
will be at least 1 1/2 feet above the one-hundred-year flood
elevation.
[3]
The occupants of the structure can remain inside
for an indefinite period of time and be safely evacuated at any time
during the one-hundred-year flood.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(3)
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 and the Department of Community Affairs.
A.
The following uses are permitted in the Floodplain District. All
uses shall be subject to the floodproofing requirements of this chapter
as well as other ordinances. Any of the uses listed below shall not
be permitted within the floodway if it results in any increase in
the one-hundred-year flood elevation.
(1)
Recreational uses, including private or commercial as well as
public recreation, such as parks, camps, picnic areas, golf courses,
fishing, sport or boating clubs; but not to include enclosed structures;
but permitting piers, docks, floats or shelters usually found in developed
outdoor recreational areas. Any toilet facilities provided shall be
connected to public water and sewage systems, where feasible.
(2)
Cultivating and harvesting of crops in accordance with recognized
soil conservation practices.
(3)
Pasture and grazing in accordance with recognized soil conservation
practices.
(4)
Outdoor plant nursery or orchard in accordance with recognized
soil conservation practices.
(5)
Wildlife sanctuary, nature center, outdoor education laboratory,
woodland preserve or arboretum.
(6)
Game farm, fish hatchery, hunting and fishing reserves or similar
uses designed for the protection or propagation of wildlife.
(7)
Forestry, lumbering and reforestation in accordance with recognized
natural resources conservation practices.
(8)
Front, side and rear yards and required lot area in any district,
provided such yards are not to be used for on-lot sewage disposal
systems or for outdoor storage or dumping of any nature.
(9)
Overhead utility transmission lines.
B.
Accessory uses:
(2)
Accessory uses and structures customarily incidental to a permitted outside recreational use in compliance with the provisions of § 110-312 of this chapter, which may include such uses as refreshment stands, concessions, fireplaces, pavilions and picnic tables, provided that such accessory uses are compliant with § 110-1303C(4) of this chapter, are operated only when the principal uses are open and are being used in further conjunction with the principal use, and further provided that such accessory uses do not seriously impede, constrict or otherwise restrict flood flows and do not conflict with riparain rights of other people. None of the accessory uses shall be permitted within the floodway if they would result in any increase in the one-hundred-year flood elevation.
[Amended 12-16-1996 by Ord. No. 6-96]
C.
Special exception uses. The following uses are permitted when authorized as a special exception by the Zoning Hearing Board, in compliance with Article XVIII of this chapter. All special exception uses shall meet the requirements of the underlying district. No special exception shall be permitted within the floodway if it would result in any increase in the one-hundred-year flood elevation.
[Amended 12-16-1996 by Ord. No. 6-96]
(1)
Roads, driveways or parking areas.
(2)
Outlet installations for sewage treatment plants or pumping
stations, with the approval of the Borough and appropriate sewer authority
and Pennsylvania Department of Environmental Protection.
(3)
Sealed public water supply wells, with the approval of the Borough
and the Pennsylvania Department of Environmental Protection.
(4)
Dams, culverts, bridges and appurtenances, with the approval
of the Department of Environmental Protection.
(5)
Sanitary or storm sewers or impoundment basins, with the approval
of the Department of Environmental Protection.
(6)
Grading or regrading of lands, including the deposit of fill
and the grading thereof, and the construction of retaining walls.
The application for special exception shall be accompanied by the
following:
(7)
Utility transmission lines located at or below grade.
(8)
Uses similar to the above which are in compliance with the intent
of this chapter.
D.
Approval of special exception uses. The Zoning Hearing Board shall
exercise discretion by permitting only those uses which are substantially
in accord with the intent of this chapter. In considering a use for
approval by special exception, the Board shall consider the following:
(1)
The effect of the use shall not substantially alter the cross-section
profile of the stream and floodplain at the location of the proposed
use.
(2)
Adjacent stream neighbors shall not be unreasonably affected
by the use.
(3)
The general welfare or public interest either of Borough residents
or of residents of other municipalities in the same watershed shall
not be adversely affected.
E.
Site plan review. A detailed site plan is required for all uses in
the Floodplain District. The site plan shall be submitted to the Borough
Council for review and report.
[Added 12-16-1996 by Ord. No. 6-96]
A.
General. If compliance with any of the requirements of this chapter
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. Requests for variances shall be considered by the Borough in accordance with the procedures contained in § 110-1301K and the following:
(1)
No variance shall be granted for any construction, development,
use, or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
(2)
Except for a possible modification of the one-and-one-half-foot
freeboard 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.
(3)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)
In granting any variance, the Borough shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare and to achieve the
objectives of this chapter.
(6)
In reviewing any request for a variance, the Borough shall consider,
at a minimum, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will neither result in an
unacceptable or prohibited increase in flood heights, additional threats
to public safety, or extraordinary public expense, nor create nuisances,
cause fraud on, or victimize the public, or conflict with any other
applicable state or local ordinances and regulations.
(7)
A complete record of all variance requests and related actions
shall be maintained by the Borough. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Insurance Administration.
C.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
[Added 12-16-1996 by Ord. No. 6-96]
A.
Existing structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection B of this section shall apply.
B.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the one-hundred-year flood.
(2)
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 chapter.
(3)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
[Added 12-16-1996 by Ord. No. 6-96]
A.
Unless specifically defined below, words and phrases used in this
chapter shall be interpreted so as to give this chapter its most reasonable
application.
B.
ACCESSORY USE OR STRUCTURE
BASEMENT
BUILDING
COMPLETELY DRY SPACE
DEVELOPMENT
ESSENTIALLY DRY SPACE
FLOOD
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
MINOR REPAIR
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
PERSON
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
SPECIAL PERMIT
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
Specific definitions. As used in this chapter, 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.
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.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
A relatively flat or law land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
Any structure that is:
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
A transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. The term includes park trailers,
travel trailers, recreational and other similar vehicles which are
placed on a site for more than 180 consecutive days.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement or parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer drainage, drain leader, gas,
oil, waste, vent, or similar piping, electrical wiring or mechanical
or other work affecting the public health or general safety.
Structures for which the start of construction commenced
on or after the date of this chapter, and includes any subsequent
improvements thereto.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
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 or rights and duties.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all or a designated portion of a floodplain.
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, sheds, manufactured
homes, and other similar terms.
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 devisees, 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% or more 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,"
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
