[Adopted 5-8-1978 by Ord. No. 472[1]]
[1]
Editor's Note: This article is superseded by Ord. No.
612, adopted 5-13-1999, except to the extent that its provisions are
more restrictive.
In order to prevent excessive damage to buildings and structures
due to flooding conditions, the following provisions shall apply to
all proposed construction or development occurring in any of the floodplain
districts designated in the Borough of Sellersville Zoning Ordinance
as amended.[1]
A.
Within any designated floodway (FW) or flood-fringe (FF), the lowest
floor (including the basement) of any new or improved residential
structures shall be at least 1 1/2 feet above the one-hundred-year-flood
elevation.
B.
Fully enclosed spaces below the lowest floor are prohibited.
[Added 5-8-1989 by Ord. No. 546]
[Amended 5-8-1989 by Ord. No. 546]
A.
Within any designated floodway (FW) or flood-fringe (FF), the lowest
floor (including the basement), shall be at least 1 1/2 feet
above the one-hundred-year-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.
Fully enclosed spaces below the lowest floor are prohibited.
C.
Any structure or part thereof which will not be completely or adequately
elevated shall be designed and constructed to be completely or, essentially
dry in accordance with the standards contained in the publication
entitled "Floodproofing Regulations" (United States Army Corps of
Engineers, June 1972) or some other equivalent standard for that type
of construction.
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, unless substantiated
data justifying steeper slopes are submitted to and approved by the
Code Enforcement Officer.
E.
Be used to the extent to which it does not adversely affect adjacent
properties.
All buildings and structures shall be constructed and placed
on the lot so as to offer the minimum obstruction to the flow of water.
In so doing, consideration shall be given to their effect upon the
flow and height of floodwaters.
A.
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or other movement, thus reducing the threat to life and property and
decreasing the possibility of the blockage of bridge openings and
other restricted sections of the watercourse.
B.
All air ducts, large pipes and storage tanks located at or below
the regulatory flood elevation shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation.
Where located at or below the regulatory flood elevation:
A.
Wood flooring shall be installed to accommodate a lateral expansion
of the flooring, perpendicular to the flooring grain, without incurring
structural damage to the building.
B.
Plywood shall be an exterior or marine grade and of a certified and
properly stamped water-resistant or waterproof variety.
[Amended 5-8-1989 by Ord. No. 546]
C.
Walls and ceilings in nonresidential structures shall have sufficient
wet strength and be so installed as to survive inundation.
D.
Window frames, door frames, door jambs and other components shall
be made of metal or other water-resistant material.
A.
All electric water heaters, electric furnaces, electric air-conditioning
and ventilating systems, and other electrical equipment or apparatus
shall be permitted only at elevations above the regulatory flood elevation.
B.
No electrical distribution panels shall be allowed at an elevation
less than three feet above the level of the one-hundred-year-flood
elevation.
C.
Separate electrical circuits shall serve lower levels and shall be
dropped from above.
A.
Water heaters, furnaces and other mechanical equipment or apparatus
shall be permitted only at elevations above the regulatory flood elevation.
B.
No part of an on-site sewage disposal system shall be constructed
within any designated floodplain districts.
C.
Water supply systems and sanitary sewage systems shall be designed
to preclude infiltration of floodwaters into the systems and discharges
from the system into floodwaters.
D.
All gas and oil supply systems shall be designed to preclude the
infiltration of floodwaters into the systems and discharges from the
systems into floodwaters. Additional provisions shall be made for
the drainage of these systems in the event that floodwater infiltration
occurs.
Where located at or below regulatory flood elevation:
A.
Adhesives shall have a bonding strength that is unaffected by inundation
(i.e., marine or water-resistant quality).
B.
All wooden components (doors, trim, cabinets, etc.) shall be sealed
with a marine or water-resistant quality or similar product.
C.
Paints or other finishes shall be capable of surviving inundation
(i.e., marine or water-resistant quality).
[Amended 5-8-1989 by Ord. No. 546]
No materials that are buoyant flammable, explosive or that,
in time of flooding, could be injurious to human, animal or plant
life shall be stored below the regulatory flood elevation.
Storm drainage facilities shall be designed to convey the flow
of surface waters without damage to persons or property. The system
shall ensure drainage at all points along streets and provide positive
drainage away from buildings. The system shall also be designed to
prevent the discharge of excess runoff onto adjacent properties.
All new or replacement sanitary sewer facilities and private
package sewage treatment plants (including all pumping stations and
collector systems) shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into
the floodwaters. In addition, they should be located and constructed
to minimize or eliminate flood damage and impairment.
All new or replacement water facilities shall be designed to
minimize or eliminate infiltration of floodwaters into the system
and be located and constructed to minimize or eliminate flood damage.
The finished elevation of proposed new streets shall be no less
than the one-hundred-year-flood elevation. The Borough of Sellersville
shall require profiles and elevations of proposed new streets to determine
compliance with this requirement.
All utilities such as gas lines and electrical and telephone
systems being placed in flood-prone areas should be located, elevated
(where possible) and constructed to minimize the chance of impairment
during a flooding occurrence.
[Amended 5-8-1989 by Ord. No. 546]
Structures existing in any designated floodplain districts prior
to the enactment of this article, which are not in compliance with
these provisions, may continue to remain, subject to the following:
A.
Existing structures located in a designated floodway district or
area shall not be expanded or enlarged unless the effect of the proposed
expansion or enlargement on flood heights is fully offset by accompanying
improvements.
B.
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure shall be undertaken only in full compliance
with the provisions of this article.
[Amended 5-8-1989 by Ord. No. 546[1]]
[1]
Editor's Note: This ordinance also provided for the deletion
of former Subsection C.
A.
If compliance with the elevation or floodproofing requirements stated
above would result in an exceptional hardship for a prospective builder,
developer or landowner, the Borough of Sellersville may, upon request,
grant relief from the strict application of the requirement.
B.
Requests for variances to the strict application of the provisions
of this article may be granted by the Borough of Sellersville in accordance
with the following procedures and criteria:
(1)
No variances 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)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(3)
In granting any variance, the Borough of Sellersville may attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety, and welfare and to
achieve the objectives of this article.
(5)
In reviewing any request for a variance, the Borough of Sellersville
shall consider, but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will not result in any unacceptable
or prohibited increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public, or conflict with any other applicable
local or state ordinances and regulations.
(6)
A complete record of all variance requests and related actions shall
be maintained by the Borough of Sellersville. 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 hydrostatic and hydrodynamic loads and pressures, and effects
of buoyancy of the one-hundred-year-flood elevation.
In addition to the permit application requirements normally
required under the Borough of Sellersville Building Code,[1] as amended, the Borough Code Enforcement Officer shall
require the following specific information to be included as part
of the application for a building permit:
A.
A plan which details the existing and proposed contours and elevation
(in relation to mean sea level) of the ground and the lowest floor
of proposed construction, one-hundred-year-flood elevations and other
associated factors such as pressures and impact forces, etc., storage
elevations, size of the structure, location and elevations of streets,
water supply, sanitary facilities, soil types and floodproofing measures
including specific reference to the level of the floodproofing in
relation to the one-hundred-year flood.
B.
A document, certified by a registered professional engineer or architect,
which states that the proposed construction has been adequately designed
to withstand the flood depths, pressures, velocities, impact and uplift
forces and other hydrostatic and hydrodynamic and buoyancy factors
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.
A copy of all applications and plans for construction or development
in any designated floodplain district to be considered for approval
shall be submitted by the Borough Code Enforcement 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 Borough Code Enforcement Officer for possible
incorporation into the proposed plan.
Prior to the issuance of any building permit, the Borough Code
Enforcement Officer shall review the application for permit to determine
if all other necessary governmental permits such as those required
by state and federal laws have been obtained, including those required
by Act 537, the Pennsylvania Sewage Facilities Act,[1] the Pennsylvania Water Obstructions Act of 1913,[2] and the Federal Water Pollution Control Act Amendments
of 1972 Section 404, 33 U.S.C. § 1334. No permit shall be
issued until this determination has been made.
[Amended 5-8-1989 by Ord. No. 546]
For purposes of implementation of these provisions, construction
shall be considered to have started with the first placement of permanent
construction of the site, such as the pouring of slabs or footings
or any work beyond the stage of excavation. For a structure without
a basement or poured footings, the start of construction includes
the first permanent framing or assembly of the structure or any part
thereof on its pilings or foundation or the affixing of any prefabricated
structure or manufactured home to its permanent site. Permanent construction
does not include land preparation, land clearing, grading, filling,
excavating for basement, footings, piers or foundations, erection
of temporary forms, the installation of pilings under proposed subsurface
footings or the installation of sewer, gas and water pipes or electric
or other service lines from the street.
The following are special definitions which shall be used in making reasonable interpretations of the provisions contained in §§ 58-1 through 58-23:
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building structure, including
the placement of manufactured homes.
Those floodplain districts specifically designated in Chapter 160, Zoning, as being inundated primarily by the one-hundred-year flood.
[Amended 5-8-1989 by Ord. No. 546]
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the one-hundred-year magnitude as specifically defined in Chapter 160, Zoning.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, mining,
dredging, filling, grading, excavation, or drilling operations.
[Amended 5-8-1989 by Ord. No. 546]
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.
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.
A transportable, single-family detached dwelling intended
for permanent occupancy, office or place of assembly contained in
one unit or in two units designed to be joined into one integral unit
capable of again being separated for repeated towing, which arrives
at a site complete and ready for occupancy and constructed so that
it may be used with or without permanent foundation. The term includes
park trailers, travel trailers and recreational and other similar
vehicles which are placed on a site for more than 180 consecutive
days.
[Amended 5-8-1984 by Ord. No. 546]
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
use.
[Amended 5-8-1989 by Ord. No. 546[1]]
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year). This is more precisely defined/delineated in Chapter 160, Zoning, as amended.
The one-hundred-year-flood elevation plus a freeboard safety
factor of 1 1/2 feet.
[1]
Editor's Note: This ordinance also provided for the repeal
of the former definition of "obstructions," which immediately followed
this definition.
