The following natural resource protection standards are established
to protect the public health, safety and welfare by minimizing adverse
environmental impacts and are specifically authorized by Section 604
of the Municipalities Planning Code.[1] These standards are intended to meet the following purposes:
A.
Promote and implement Sections 603(b)(1), 603(b)(5), 603(c)(7), 603(g)(2),
and 604(1) of Act 247, the Pennsylvania Municipalities Planning Code
(MPC), as amended, providing for the protection and preservation of
environmentally sensitive areas and natural resources through zoning
ordinances.
B.
Delineate selected natural resources within the Borough and establish
resource protection standards to assist the Borough in reducing the
impact proposed uses will have on the environment.
C.
To reduce erosion and sedimentation of surface water bodies through
the protection of natural resources, including but not limited to
floodplains, wetlands, steep slopes, riparian buffers, and woodlands.
[1]
Editor's Note: See 53 P.S. § 10604.
A.
For the purposes of this chapter, the sections within this article
shall be overlays to the underlying districts as shown on the West
Grove Borough Zoning Map. In those areas of the Borough where a section
of this article applies, the provisions of the section shall be imposed
in addition to the requirements of the underlying zoning district(s).
In the event that a conflict exists between a section of this article
and the underlying district(s), the more restrictive provision shall
apply.
B.
In the event that two or more natural resources identified in this
article overlap, the resources with the most restrictive standard
(the least amount of permitted alteration, regrading, clearing, or
building, etc.) shall apply to the area of overlap.
C.
It shall be a violation of this chapter to regrade, fill, pipe, divert,
channel, build upon, or otherwise alter or disturb a natural resource
protected by this article prior to the submission, review, and approval
of applications for zoning or building permits; conditional use or
special exception approvals; variances; or submission of plans for
subdivision or land development.
(1)
Where disturbance of a natural resource is permitted, it shall not
take place until it has been determined that such disturbance is consistent
with the provisions of this article and other applicable Borough ordinance
provisions or federal or state regulations.
(2)
Restrictions to the disturbance of resources shall apply before,
during, and after construction on a site.
D.
Should the boundaries or delineations of any section of this article
be revised as a result of legislative or administrative actions or
judicial decision, the zoning requirements of the underlying zoning
district and other applicable section of this article shall continue
to apply.
E.
Plan information required by § 400-65 shall be verified as correct by the Borough Engineer or other qualified professional as determined by the Borough.
F.
Liability. This article shall not create liability on the part of
the Borough or any officer or employee thereof for any damages that
result from negligence of this article or any administrative decision
lawfully made thereunder.
Flood hazard regulations shall be in accordance with § 400-66, Flood Hazard District, which is placed at the end of this article due to the length of the regulations.
A.
Purpose. To preserve and protect wetland areas as "natural filters"
which aid in improving surface and groundwater quality, groundwater
recharge areas, natural floodwater retention areas, and as unique
habitats for species associated with wetland areas.
B.
Applicability. Site alterations, regrading, filling or clearing of
vegetation in a wetlands area prior to the approval of an application
for a subdivision or land development, building permit, zoning permit,
variance, conditional use, or special exception and all applicable
permits, shall be a violation of this chapter.
C.
General regulations.
(1)
Wetland areas shall not be disturbed, altered, regraded, developed,
filled, piped, diverted or built upon, except where state and federal
permits have been obtained.
(2)
Where wetlands are identified and delineated under § 400-62D, no more than 20% of a wetland margin area shall be altered, regraded, filled or built upon. Additionally, any Pennsylvania Department of Environmental Protection (PADEP) regulations concerning activities related to wetland margins shall be met.
D.
Identification and delineation of wetlands areas.
(1)
Identification. The identification of possible wetland area shall
be any areas of West Grove Borough consisting of wetlands, hydric
soils, or seasonal high water table soils which are identified by:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Where wetlands are indicated by any of the sources in § 400-62D(1), or where the Borough otherwise has sufficient evidence that wetlands may be present on a site, an applicant shall be required to delineate wetlands in accordance with § 400-62D(3).
(3)
Delineation of wetlands and administrative process.
(a)
Coordination with the Pennsylvania Department of Environmental
Protection and the United States Army Corps of Engineers:
[1]
Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations, regardless of whether a delineation under § 400-62D(3)(b) is required.
[2]
If required, a wetlands delineation shall be sent to both agencies
for review.
[3]
A copy of any correspondence submitted to or received from either
agency shall be provided to the Borough within 10 working days of
mailing or receipt.
(b)
If wetlands delineation is required as indicated on a property
in accordance with this section, prior to the granting of any applicable
permits from the Borough of West Grove, the applicant shall provide
a wetlands delineation report consistent with the following requirements:
[1]
A full wetland delineation report conducted by a qualified wetland
biologist, soil scientist, or environmental professional with demonstrated
qualifications approved by the Borough.
[2]
The wetland report shall include a determination of whether
wetlands are present on the site and a full delineation, area measurement
(in square feet), and description of any wetlands determined to be
present. If there is a question as to the accuracy of the wetland
delineation report, the Borough may hire a qualified consultant to
review the delineation and recommend revisions at the applicant's
expense.
[3]
Such a professional shall certify that the methods used correctly
reflect the currently accepted technical concepts, including identification
and analysis of wetland vegetation, hydric soils, and hydrologic indicators.
Methods used in the delineation report shall be acceptable to the
Borough Engineer or other qualified consultant hired by the Borough.
[4]
Upon the completion of such a report, all delineated wetlands,
wetlands margins, and hydric soils shall be mapped and categorized
and submitted to the Borough for review and comment by the Borough
Engineer.
[5]
If no wetlands are found on the site, a note shall be added
to the preliminary and final plans, stating that: "This site has been
examined by (name and address with a statement of submitted qualifications),
and no wetlands as defined by the United States Army Corps of Engineers
Wetlands Delineation Manual, Technical Report Y-87-1, January 1987
(or most currently used manual), were found to exist."
E.
Permitted uses. Within wetland areas, uses within the underlying
base zoning district are permitted only by special exception and only
upon approval and permitting by the applicable state and federal agencies.
A.
Purpose. The purpose of this section is to promote the health, safety
and general welfare and to minimize negative environmental impacts
by:
(1)
Conserving and protecting steep slopes from inappropriate development.
(2)
Protecting watersheds and limiting increases in stormwater runoff.
(3)
Regulating development in order to limit erosion and reduce the potential
for increased runoff and downstream flood hazards.
(4)
Protecting the natural vegetative cover on steep slopes, thereby
reducing runoff and flooding potential.
(5)
Protecting the quality of streams which would be threatened by indiscriminate
grading and development on steep slopes.
B.
Identification and plan requirements.
(1)
Delineation of steep slopes.
(b)
Slope shall be measured as the change in elevation over the
horizontal distance between consecutive contour lines. For purposes
of this chapter, slope shall be measured over three or more two-foot
contour intervals (six cumulative vertical feet of elevation). All
slope measurements shall be determined by a topographic survey signed
and sealed by a registered surveyor or engineer licensed to practice
in the Commonwealth of Pennsylvania.
(c)
Areas of steep slope that are less than 1,000 square feet shall
be exempted from these standards.
(2)
Interpretation of steep slope boundaries and site plan requirement.
(a)
A site plan prepared by a registered engineer shall be required
for a subdivision and/or land development on any property where steep
slopes are located prior to any development, in accordance with the
following:
[1]
All existing grades with contour lines at two-foot intervals
and proposed grades within the area of the proposed construction.
[2]
All slopes within the site in the categories 15% to 25% and
greater than 25%. Such areas shall be mapped and displayed for existing
and proposed conditions.
[3]
Landscaping plan indicating proposed paved areas, storm drainage
facilities, retaining walls, and ground cover, as well as trees and
ornamental shrub locations.
[4]
Architectural plans, elevations, and sections.
[5]
A statement prepared by a registered engineer stating an explanation
of the building methods to be used in overcoming foundation and other
structural problems created by slope conditions, preserving the natural
watersheds, and preventing soil erosion.
(b)
The site plan shall be reviewed by the engineer as the representative agent of the Borough to verify the delineation of slopes on the application and make a determination. Should a dispute concerning any identified steep slopes occur subsequent to the determination, upon appeal, the party contesting the location of the boundary shall have the burden of establishing that land does not lie within the area of steep slopes as delineated by § 400-63B(1).
C.
Resource protection standards.
(1)
Steep slope areas shall be preserved in their natural state whenever
possible. Where construction of roads, buildings, driveways, or infrastructure
cannot be avoided, disturbance shall be kept to the minimum necessary
and the following requirements shall apply:
(2)
Grading for the minimum portion of a road or driveway necessary for
access to the principal use and sewer, water, and other utility lines
shall be designed within the existing contours of the land to the
extent possible unless it can be demonstrated that no other routing
is feasible.
(3)
Each building or structure shall be constructed in such a manner
as to provide the least alteration necessary of the existing grade,
vegetation, and natural soils condition as displayed on the plans
submitted for application as developed by a registered engineer.
(4)
Excessive cut and fill shall be avoided. New roads and improvements
to existing roads should be designed within the existing contours
of the land to the extent possible.
(5)
Finished slopes of all permitted cut-and-fill within steep slopes
shall not exceed 25% slope.
(6)
All stockpiles of earth shall be seeded or otherwise stabilized to
the satisfaction of the Borough Engineer or the Chester County Conservation
District when stored for more than 21 days. Cut and fill resulting
in slopes 25% or greater shall be protected with an erosion control
blanket.
(7)
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of the Chapter 350, Subdivision and Land Development, and 25 Pa. Code §§ 102.1 to 102.51, in regard to erosion and sedimentation control.
(a)
An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of Chapter 350, Subdivision and Land Development.
(b)
The plan shall demonstrate how soil will be protected from erosion
during construction and how soil will be stabilized upon the completion
of construction.
D.
Uses permitted.
(1)
Uses by right. The following uses shall be permitted on steep slopes
where such use is in compliance with the base zoning district and
all other provisions of this section and chapter.
(a)
Parks and outdoor recreational uses, not including structures
and activities that would conflict with or impact natural resources
such as floodplains and woodlands, or create an increase in stormwater
runoff or impact.
(b)
Tree harvesting, timber harvesting/forestry, and other agricultural
uses when conducted according to conservation measures insuring protection
from erosion and in compliance with the approved timber harvesting
plan. Clear-cutting of woodlands is prohibited on all steep slopes.
(c)
Driveways where it can be proven on the plan and application
that an alternative route that does not use steep slopes is not feasible.
(2)
Conditional use. Single-family detached dwellings or a portion thereof may be permitted by conditional use if the building is constructed in such a manner which does not substantially alter the existing grade and natural soil conditions, subject to the requirements of this section and Article XX, Administration and Enforcement.
(3)
Prohibited uses. The following uses shall not be permitted on steep
slopes of 15% or greater:
Riparian buffers are regulated in accordance with Chapter 342, Stormwater Management, of the Borough of West Grove.
In order to meet the natural resource protection standards of this article, the following information shall be submitted by the applicant. Where a subdivision or land development review is required, such information shall be included with the application for such review in accordance with Article IV of Chapter 350, Subdivision and Land Development.
A.
A site plan which clearly delineates the limits of all natural resources
on the site as outlined in this article including areas of floodplain,
steep slopes, wetlands, wetland margins, hydric soils, riparian buffers,
and woodlands, and the proposed use of the site, including any existing
or proposed structures. This site plan shall include the site's
watershed and the water quality designation of the watershed in which
the property in question is located.
B.
The limits of all encroachments and disturbances necessary to establish
the proposed use on the site, including a grading plan showing existing
and proposed contours at two-foot intervals.
C.
The identification of the minimum buildable area(s). The purpose
is to ensure that sufficient area is provided for the general location
of buildings, driveways, and other improvement while meeting the requirements
of the natural resource protection standards.
D.
Calculations indicating the area of the site with natural resources
and the area of natural resources that would be disturbed or encroached
upon. The calculations shall be shown on the site plan as indicated
in the following table in Figure 14-1. The figures in Column D (Proposed
Disturbance) shall be less than or equal to the corresponding figures
in Column C (Maximum Amount of Permitted Disturbance) for each protected
resource.
|
Figure 14-1: Application of Natural Resource Protection
Standards
| ||||
|---|---|---|---|---|
|
Protected Resource
|
Column A
Amount of Land in Protected Resource*
(square feet)
|
Column B
Maximum Disturbance Allowance**
|
Column C
Maximum Amount of Permitted Disturbance
(square feet)
|
Column D
Proposed Disturbance of Resource
(square feet)
|
|
Floodplain
|
0%
| |||
|
Steep slopes (15% to 25%)
|
50%
| |||
|
Steep slopes (>25%)
|
30%
| |||
|
Wetlands
|
0%
| |||
|
Wetland margins
|
20%
| |||
|
Total
| ||||
A.
General provisions.
(1)
Statement of intent. The intent of this section 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 government
units, and its residents, by preventing excessive development in areas
subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
Applicability. For the purposes of this chapter, the Floodplain Overlay
District shall be an overlay to the existing underlying districts
as shown on the Zoning Map and, as such, the provisions of the Floodplain
Overlay District shall be imposed in addition to the requirements
of the underlying zoning district(s).
(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, unless a building permit
and/or zoning permit has been obtained from the Zoning Officer.
(b)
A building permit shall not be required for any minor repairs
to existing buildings or structures.
(3)
Abrogation and greater restrictions. This section supersedes any
other conflicting provision 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.
(4)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur.
Flood heights may be increased by man-made or natural cause, such
as ice jams and bridge openings restricted by debris. This section
does not imply that areas outside any identified floodplain area,
or that land uses permitted within such areas will be free from flooding
or flood damages.
(b)
This section shall not create liability on the part of the Borough
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereafter.
B.
Administration.
(1)
Building permits and/or zoning permits required. Building permits shall be required before any construction or development is undertaken within any area of the Borough. Before a building permit application can be initiated, the applicant shall have received a zoning permit approval. A zoning permit shall be applied for on forms supplied by the Borough and in conformance with Borough procedures and Article XX, Administration and Enforcement.
(2)
Issuance of building permit.
(a)
The Zoning 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 and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any building permit, the Zoning Officer
shall review the application for a 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] the United States Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
(c)
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 Pennsylvania Department of Environmental Protection, Regional
Office.
(d)
In addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development shall be notified
by the Borough prior to any alteration or relocation of any watercourse.
(3)
Application procedures and requirements. The applicant shall use
building permit forms supplied by the Borough and shall follow the
Borough's building permit application procedure.
(a)
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 Zoning Officer to determine that:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform to the requirements of this 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
hazard.
(b)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Zoning Officer
to make the above determination:
[1]
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
[a]
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988.
[b]
The elevation of the one-hundred-year flood.
[c]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a one-hundred-year flood.
[d]
Detailed information concerning any proposed floodproofing
measures.
[e]
Supplemental information as may be necessary under
34 Pa. Code, Chapters 401 through 405, as amended, and the 2009 IBC
or the 2009 IRC, or the most recent revisions thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[2]
The following data and documentation:
[a]
A document, certified by the Zoning Officer and Borough Engineer, 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, and uses the current flood elevations maps in accordance with § 400-66C(1). 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.
[b]
Detailed information needed to determine compliance with § 400-66D(3)(g), Storage, and § 400-66D(4), Development which may endanger human life, including:
[i]
The amount, location and purpose of any dangerous
materials or substances 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 § 400-66D(4), during a one-hundred-year flood.
(c)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(d)
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.
(4)
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 Zoning 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 Zoning Officer
for possible incorporation into the proposed plan.
(5)
Review of application by others. A copy of all plans and application
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Zoning
Officer to any other appropriate agencies and/or individuals (e.g.,
municipal engineer, etc.) for review and comment.
(6)
Changes. After the issuance of a building permit by the Zoning 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 Zoning
Officer. Request for any such change shall be in writing and shall
be submitted by the applicant to the Zoning Officer for consideration.
(7)
Placards. In addition to the building permit, the Zoning Officer
shall issue a placard which shall be displayed on the premises during
the time construction or development is in progress. This placard
shall show the number of the building permit, the date of its issuance
and be signed by the Zoning Officer.
(8)
Start of construction and/or development.
(a)
Work on 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 Zoning Officer.
Construction and/or development shall be considered to have started
with the preparation of land, land clearing, grading, filling, excavation
of basement, footing, piers, or foundations, erection of temporary
forms, the installation of the piling under proposed subsurface footings,
or the installation of sewer, gas and water pipes, or electrical or
other service lines from the street.
(b)
Time extensions shall be granted only if a written request is
submitted by the applicant which sets forth sufficient and reasonable
cause for the Zoning Officer to approve such a request.
(9)
Inspection and revocation.
(a)
During the construction or development period, the Zoning 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.
(b)
In the discharge of his duties, the Zoning Officer shall have
the authority to enter the building, structure, premises or development
in the identified flood-prone area, upon presentation of proper credentials,
at any reasonable hour to enforce the provisions of this chapter.
(c)
In the event the Zoning 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 Zoning Officer shall revoke the building permit
and report such fact to the Borough Council for whatever action it
considers necessary.
(d)
A record of all such inspections and violations of this chapter
shall be maintained.
(e)
The requirements of 34 Pa. Code, Chapters 401 through 405, and
the 2009 International Building Code and 2009 International Residential
Building Code, or latest revisions thereof pertaining to elevation
certificates and record retention, shall be considered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(10)
Fees. Applications for a building permit shall be accompanied
by a fee, payable to the Borough and based on the Borough's adopted
fee schedule.
C.
Identification of floodplain areas.
(1)
Identification. The identified floodplain area shall be those areas
of West Grove Borough, Chester County, Pennsylvania, which are subject
to the one-hundred-year flood, as identified in the Chester County
Flood Insurance Study (FIS) dated September 29, 2006 and the accompanying
maps as prepared 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.
(2)
Description of floodplain areas/district. The identified floodplain
area shall consist of the following specific areas:
(a)
FW (Floodway Area). The areas identified as "Floodway" in the
AE Zone in the Flood Insurance Study prepared by the Federal Emergency
Management Agency (FEMA). The term shall also include floodway areas
which have been identified in other available studies or sources of
information for those floodplain areas where no floodway has been
identified in the Flood Insurance Study.
(b)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
study, where a floodway has been delineated.
(c)
The basis for the outermost boundary of this area shall be the
one-hundred-year flood elevations as shown in the flood profiles contained
in the Flood Insurance Study.
(d)
FA (General Floodplain Area). The areas identified as Zone A
in the FIS for which no one-hundred-year flood elevations have been
provided. When available, information from other federal, state, and
other acceptable sources shall be used to determine the one-hundred-year
elevation, as well as a floodway area, if possible. When no other
information is available, the one-hundred-year elevation shall be
determined by using a point on the boundary of the identified floodplain
area which is nearest the construction site in question.
(e)
In lieu of the above, the Borough may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Borough.
(3)
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 FEMA.
(4)
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Borough
Zoning Officer and any party aggrieved by this decision may appeal
to the Borough Council. The burden of proof shall be on the appellant.
D.
General technical requirements.
(1)
General.
(a)
In the identified floodplain area, the development and/or use
of any land shall be permitted, provided that the development and/or
use complies with the restrictions and requirements of this and all
other applicable codes and ordinances in force in the Borough.
(b)
Within any FW (Floodway Area), the following provisions apply:
[1]
Within any FW (floodway area), no new construction, development,
use, activity, or encroachment shall be permitted that would cause
any increase in the one-hundred-year flood elevation.
[2]
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection.
(c)
Within any identified (FA General Floodplain Area) floodplain
area, no new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse.
(2)
Elevation and floodproofing requirements.
(a)
Residential.
[1]
Within any identified floodplain area, the elevation of the
lowest floor (including basement) of any new or substantially improved
residential structure shall be 1 1/2 feet or more above the one-hundred-year
flood elevation.
[2]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Nonresidential. Within any identified floodplain area, the elevation
of the lowest floor (including basement) of any new or substantially
improved nonresidential structure shall be 1 1/2 feet or more
above the one-hundred-year flood elevation or be floodproofed up to
that height.
[1]
Any nonresidential structure, or part thereof, having a lowest
floor (including basement) 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 of Engineers (June 1972, as amended), 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 or development are in conformance with the above-referenced
standards.
[2]
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC), or the most recent
revision thereof, and ASCE 24 and 34 Pa. Code (Chapters 401 through
405, as amended) shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Enclosed areas.
[1]
Fully enclosed areas below the lowest floor (including basement)
are prohibited.
[2]
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. 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]
Consideration may be given to the requirements of 34 Pa. Code
(Chapters 401 through 405, as amended) and the 2009 International
Residential Building Code and the 2009 International Building Code,
or most recent revisions thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
Accessory structures. Structures accessory to a principal building
shall not be permitted within identified floodplain areas.
(3)
Design and construction or development standards. The following minimum
standards shall apply for all construction and development proposed
within any identified floodplain area:
(a)
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 through 405, as amended), and
not limited to the following provisions shall apply to the above and
other sections and subsections of this chapter, to the extent that
they are more restrictive and/or supplement the requirements of this
chapter:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Fill. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from
all points.
[2]
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted.
[3]
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
[4]
Be no steeper than one vertical foot to two horizontal feet
unless substantiated data justifying steeper slopes are submitted
to and approved by the Zoning Officer.
[5]
Be used to the extent to which it does not adversely affect
adjacent properties. The provisions contained in the International
Building Code shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure 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.
The provisions contained in the 2009 IBC or most recent revisions
shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
Water and sewer facilities and systems.
[1]
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.
[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 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]
The design and construction provisions of the UCC and 34 Pa.
Code (Chapters 401 through 405, as amended) and contained in the International
Building Code, the 2009 International Residential Building Code or
most recent revisions thereof, the American Society of Civil Engineers
24-98 (Sec. 8.3), FEMA # 348, Protecting Building Utilities From Flood
Damages, and The International Private Sewage Disposal Code shall
be utilized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(e)
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.
(f)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(g)
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 § 400-66D(4), Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible. All other storage shall be completely enclosed within a dry floodproofed structure or shall be stored in a properly elevated area in accordance with this section.
(h)
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.
(i)
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.
[3]
The design and construction requirements of the UCC pertaining
to this Subsection as referred to in 34 Pa. Code (Chapters 401 through
405, as amended) and contained in the 2009 IBC or most recent revisions
thereof, the IRC (and American Society of Civil Engineers 24-98 (Sec.
5.6) shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(j)
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 change
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.
[5]
The provisions of the Uniform Construction Code pertaining to
this subsection and referenced in the 34 Pa. Code (Chapters 401 through
405, as amended) and contained in the 2009 International Building
Code or most recent revisions thereof, the 2009 International Residential
Building Code or most recent revisions thereof and American Society
of Civil Engineers 24-98 (Chapter 6) provisions shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(k)
Paints and adhesives.
[1]
Paints or 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 quality.
[3]
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
[4]
The standards and specifications contained in 34 Pa. Code (Chapters
401 through 405, as amended), the 2009 International Building Code
or most recent revisions thereof, and the 2009 International Residential
Building Code or most recent revisions thereof provisions shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(l)
Electrical components.
[1]
Electrical distribution panels shall be at least three feet
above the one-hundred-year flood elevation.
[2]
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
[3]
The provisions pertaining to the above provisions and referenced
in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended)
and contained in the 2009 International Building Code or most recent
revisions thereof, the International Residential Building Code, the
2009 International Fuel Gas Code or most recent revisions thereof
and American Society of Civil Engineers 24 (Chapter 8), shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(m)
Equipment.
[1]
Water heaters, furnaces, air-conditioning and ventilating units,
other mechanical or utility equipment or apparatus shall not be located
below the regulatory flood elevation.
[2]
The provisions pertaining to the above provision and referenced
in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended),
and contained in the 2009 IBC or most recent revisions thereof, the
2009 IRC or most recent revisions thereof, the 2009 International
Fuel Gas Code or most recent revisions thereof, and American Society
of Civil Engineers 24 (Chapter 8) shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(n)
Fuel supply systems. Fuel supply 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
a floodwater infiltration occurs.
(4)
Development which may endanger human life.
(a)
In accordance with the Pennsylvania Flood Plain Management Act,[4] and the regulations adopted by the Department of Community
and Economic Development (DCED) as required by the Act, any new or
substantially improved structure which: (1) will be used for the production
or storage of any of the following dangerous materials or substances;
(2) 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; (3) 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.
[4]
Editor's Note: See 32 P.S. § 679.101 et seq.
(b)
The following list of materials and substances are considered
dangerous to human life:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides
and rodenticides).
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
(c)
Within any FW (Floodway Area), any structure of the kind described in § 400-66D(4)(a) above shall be prohibited.
(d)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 400-66D(4)(a) above shall be:
[1]
Elevated or designed and constructed to remain completely dry
up to at least 1 1/2 feet above the one-hundred-year flood.
[2]
Designed to prevent pollution from the structure or activity
during the course of a one-hundred-year flood.
[3]
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), or with some other equivalent
watertight standard.
(5)
Special requirements for manufactured homes.
(a)
Within any FW (Floodway Area), manufactured homes shall be prohibited.
(b)
Within any identified FA (General Floodplain Area), all manufactured
homes and any additions thereto shall be prohibited within the area
measured 50 feet landward from the top-of-bank of any watercourse.
(c)
Where permitted within any identified floodplain area, all manufactured
homes and additions thereto shall be:
[1]
Placed on a permanent foundation.
[2]
Elevated so that the lowest floor of the manufactured home is
1 1/2 feet or more above the elevation of the one-hundred-year
flood.
[3]
Anchored to resist flotation, collapse, or lateral movement.
[4]
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 the 2009 International Residential
Building Code or most recent revisions thereof or the United States
Department of Housing and Urban Development's Permanent Foundations
for Manufactured Housing, 1984 Edition, draft or latest revision thereto,
shall apply, and 34 Pa. Code Chapters 401 through 405.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[5]
Consideration shall be given to the installation requirements
of the 2009 International Building Code or most recent revisions thereof
and the 2009 International Residential Building Code or the most recent
revisions thereto and 34 Pa. Code Chapters 401 through 405, as amended,
where appropriate, and/or applicable to units where the manufacturers'
standards for anchoring cannot be provided or were not established
for the units' proposed installation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Activities requiring special permits. In accordance with the administrative
regulations promulgated by the Department of Community and Economic
Development (DCED) to implement the Pennsylvania Flood Plain Management
Act,[5] the following activities shall be prohibited within any
identified floodplain area in West Grove Borough:
(2)
The commencement of, or any construction or development of a new
manufactured home park or manufactured home subdivision, or substantial
improvement to an existing manufactured home park or manufactured
home subdivision.
[5]
Editor's Note: See 32 P.S. § 679.101 et seq.
F.
Existing structures in identified floodplain areas.
(1)
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 § 400-66F(2) below 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 that would cause any increase in
the elevation of the one-hundred-year flood.
(b)
No expansion or enlargement of an existing structure shall be
allowed within any FE area that would, together with all other existing
and anticipated development, increase the one-hundred-year flood elevation
more than one foot at any point.
(c)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure shall constitute a substantial
improvement and shall be undertaken only in full compliance with the
provisions of this chapter.
G.
Variances.
(1)
General. If compliance with any of the requirements of this chapter
would result in an exceptional hardship to a prospective builder,
developer or landowner, West Grove 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 West Grove Borough in accordance with the procedures contained in Article XXI and the following:
(a)
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.
(b)
Except for 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 § 400-66D(4), Development which may endanger human life.
(c)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(d)
In granting any variance, West Grove 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.
(f)
(g)
A complete record of all variance requests and related actions
shall be maintained by West Grove Borough. In addition, a report of
all variances granted during the year shall be included in the annual
report to the Federal Emergency Management Agency.
(h)
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.
