[Ord. 96, 8/3/1998, § 1]
There is hereby adopted by the Township of East Coventry for
the purpose of establishing rules and regulations for the construction,
alteration, removal, demolition, equipment, use and occupancy, location,
lighting and ventilation and maintenance of buildings and structures,
including permits and penalties, that certain building code known
as BOCA National Building Code, hereinafter called the "BOCA Code/1996,"
the whole thereof, save and except such portions as are hereinafter
deleted, modified or amended. Copies of said code have been and are
now on file in the office of the Township Code Enforcement Official.
Said code is hereby adopted and incorporated as fully as if set out
at length herein and from the date on which this section shall take
effect the provisions of said code shall be controlling in the construction
and/or alterations of buildings and structures contained within the
corporate limits of the Township of East Coventry.
[Ord. 96, 8/3/1998, § 1]
There is hereby adopted by the Township of East Coventry for
the purpose of establishing the minimum regulations governing design,
installation and construction of plumbing systems by providing reasonable
safeguards for sanitation to protect the public health against the
hazards of inadequate, defective or unsanitary plumbing installations,
that certain building code known as the International Plumbing Code/1995,
hereinafter called the "Plumbing Code," and the whole thereof, save
and except such portions as are hereinafter deleted, modified or amended.
Copies of said code have been and are now on file in the office of
the Township Code Enforcement Official. Said code is hereby adopted
and incorporated as fully as if set out at length herein and from
the date on which this section shall take effect the provisions of
said code shall be controlling in the construction and/or alteration
of buildings and structures contained within the corporate limits
of the Township of East Coventry.
[Ord. 96, 8/3/1998, § 1; as amended by Ord. 159,
8/10/2009, § I]
There is hereby adopted by the Township of East Coventry for
the purpose of establishing the minimum regulations governing the
conditions and maintenance of all property, buildings and structures
by providing the standards for supplied utilities and facilities and
other physical things and conditions essential to insure that structures
are safe, sanitary and fit for occupation and use in the condemnation
of buildings and structures, that building code known as the 2006
International Property Maintenance Code, hereinafter called the "Property
Maintenance Code," the whole thereof, save and accept such portions
as are hereinafter deleted, modified or amended. Copies of said code
have been and are now on file in the office of the Township Code Enforcement
Official. Said code is hereby adopted and incorporated as fully as
if set out at length herein and from the date on which this section
shall take effect the provisions of said code shall be controlling
in the maintenance of buildings and structures therein contained within
the corporate limits of the Township of East Coventry.
[Ord. 96, 8/3/1998, § 1]
There is hereby adopted by the Township of East Coventry for
the purpose of establishing the minimum regulations governing the
design, installation and construction of mechanical systems by providing
reasonable safeguards to protect the public health and safety against
the hazards of inadequate, defective or unsafe mechanical systems
and installations, that certain building code known as the International
Mechanical Code/1996, hereinafter called the "Mechanical Code," and
the whole thereof, save and except such portions as are hereinafter
deleted, modified or amended. Copies of said code have been and are
now on file in the office of the Township Code Enforcement Official.
Said code is hereby adopted and incorporated as fully as if set out
at length herein and from the date on which this section shall take
effect the provisions of said code shall be controlling in the construction
and/or alteration of buildings and structures therein contained within
the corporate limits of the Township of East Coventry.
[Ord. 96, 8/3/1998, § 1]
There is hereby adopted by the Township of East Coventry for
the purpose of establishing the minimum regulations governing the
design, installation and construction of electrical systems by providing
reasonable safeguards to protect the public health and safety against
the hazards of inadequate, defective or unsafe electrical systems
and installations, that certain building code known as the National
Electrical Code/1996, hereinafter called the "Electrical Code," and
the whole thereof, save and except such portions as are hereinafter
deleted, modified or amended. Copies of said code have been and are
now on file in the office of the Township Code Enforcement Official.
Said code is hereby adopted and incorporated as fully as if set out
at length herein and from the date on which this section shall take
effect the provisions of said code shall be controlling in the construction
and/or alteration of buildings and structures therein contained within
the corporate limits of the Township of East Coventry.
[Ord. 96, 8/3/1998, § 1]
The office of Code Enforcement official is hereby created and
the executive official in charge shall be known as the "Code Enforcement
Officer." He shall be a BOCA Certified Combination Commercial Inspector
and certified by the Council of American Building officials in the
legal, technical and administrative aspects of code enforcement, shall
be appointed by the Board of Supervisors and shall serve at the pleasure
of the Board of Supervisors for an indefinite term of office. The
Code Enforcement officer is hereby charged with administering and
enforcing the terms and conditions of the BOCA Code/1996, the Plumbing
Code, the Property Maintenance Code, the Mechanical Code and the Electrical
Code, all of which are hereinafter referred to as the "Building Codes."
The Code Enforcement Officer shall not have any interest whatsoever,
directly or indirectly, in the sale or manufacture of any material,
process or device entering into or used in or in connection with building
construction, alterations, removal and/or demolition.
[Ord. 96, 8/3/1998, § 1]
1.
The Code Enforcement Officer shall devote his time to the duties
of the office of Code Enforcement Official and any other office or
position that he may hold under the government of the Township of
East Coventry. He shall receive applications required by any or all
of the building codes adopted in this Part, issue permits and furnish
the prescribed certificates. He shall examine premises for which permits
shall have been issued and shall make necessary inspections to ascertain
that the provisions of the law and of the said building codes have
been complied with and that construction shall be executed safely.
He shall enforce the provisions of the said building codes. He shall,
when requested by proper authority or when the public interest so
requires, make investigations in connection with the matters referred
to in the said building codes and render written reports on the same.
To enforce compliance with the law and with the said building codes,
to remove illegal or unsafe construction or to require adequate exit
facilities in buildings and structures, he shall issue such orders
as may be necessary.
2.
Inspections required by the provisions of the building codes adopted
in this Part shall be made by the Code Enforcement Officer or by "other
authorized and qualified individuals" with approval of the Code Enforcement
Officer. The Code Enforcement Officer may accept reports of inspectors
of recognized inspection services, after investigation of their qualifications
and reliability. No certificate called for by any provision of said
building codes shall be issued on any such report unless such report
is approved by the Code Enforcement Officer.
3.
The Code Enforcement Officer shall keep comprehensive records of
applications made, of permits issued, of certificates issued, of inspections
made, of reports rendered and of notices and orders issued. He shall
retain on file copies of required plans and all documents relating
to building work for as long as any part of the building or structure
to which they relate is incomplete of a certificate of occupancy has
not been issued.
4.
All such records shall be opened to public inspection for good and
sufficient reasons at the state office hours, but shall not be removed
from the office of the Code Enforcement Officer without his written
consent.
5.
The Code Enforcement Officer shall make written report to the Board
of Supervisors once each month, or more often if requested, including
statements of permits and certificates issued and orders promulgated.
[Ord. 96, 8/3/1998, § 1]
The Code Enforcement Officer, in the discharge of his official
duties and upon proper identification, shall have authority, after
proper notice, to enter any building, structure or premises in the
Township at any reasonable hours.
[Ord. 96, 8/3/1998, § 1]
Wherever the word "jurisdiction" is used in any of the building
codes adopted in this Part, it shall be held to mean the Township
of East Coventry.
[Ord. 96, 8/3/1998, § 1]
The fire limits of the Township of East Coventry are hereby
established as the entire area encompassed within the boundaries of
the Township and shall be known as "Fire District No. 1."
[Ord. 96, 8/3/1998, § 1; as amended by Ord. 141,
3/19/2007, § 1]
1.
The building codes adopted in this Part (being the BOCA Code/1996,
the Plumbing Code, the Property Maintenance Code, the Mechanical Code
and the Electrical Code) are hereby amended and changed in the following
respects:
A.
Certain References and Short Titles. In all relevant sections the
jurisdiction shall be the Township of East Coventry, Chester County,
Pennsylvania, and the specific code shall be known and may be cited
as the "BOCA Code/1996 of East Coventry Township," the "Plumbing Code
of East Coventry Township," the "Property Maintenance Code of East
Coventry Township," the "Mechanical Code of East Coventry Township,"
or the "Electrical Code of East Coventry Township" as the case may
be.
B.
Fee Schedules. A fee for each plan examination, permit application
and/or building inspection, under or pursuant to any or all of the
building codes, shall be provided by and in accordance with a schedule
of fees/costs as may be adopted and approved by the Board of Supervisors
subject to amendment from time to time.
C.
Violation Penalties. Any breach of any of the building codes for
failure to comply with any of the requirements thereof or the erection,
construction, alteration or repair of a building or structure not
in conformity with the approved plan, directive of the Code Enforcement
Officer or a permit issued pursuant to any of the building codes shall
constitute a violation of the building codes and any person, individual,
corporation, partnership, association, organization or other entity
who shall be found guilty of a violation thereof, shall be subject
to a fine not to exceed $1,000 and not less than $50 for each such
violation. Each day that a violation continues shall be deemed a separate
offense.
D.
Stop Work Order. Any person who shall continue to work, in or about
a structure, after having been served with a stop work order, except
such work as that person is directed to perform to remove a violation,
shall be liable to a fine of not less than $50 nor more than $1,000.
E.
Board of Appeals. Any reference to the "board of appeals" which shall
appear in any of the building codes shall be specifically a reference
to the Board of Supervisors of the Township of East Coventry which
shall constitute the Board of Appeals. Any terms or conditions with
regard to membership of the board, qualifications, alternate members,
chairman, disqualification of members, secretary or compensation shall
be deleted from the building codes and shall be governed by the composition
and status of and the procedures established by the Board of Supervisors
under and by the Second Class Township Code of the Commonwealth of
Pennsylvania.
F.
Floodplain Construction and Development. The following chapter is
added to the BOCA Code/1996:
[Amended by Ord. 213, 6/12/2017]
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Chapter 35
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|---|---|
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Construction and Development in Designated Floodplain
Districts
| |
|
Section 3500.0 - General
|
|
§ 3500.1. Scope. The provisions of this
chapter shall govern all construction and development within designated
floodplain districts.
|
|
§ 3500.2. Performance Standards. The
provisions of this chapter shall be the minimum standards for construction
and development within designated floodplain districts and shall not
supersede, but shall be in addition to applicable provisions of other
chapters of this Code and of other lawfully adopted statutes, ordinances,
rules and regulations. Except as may be otherwise specifically provided
in this chapter, the interpretation of the provisions of this chapter
is intended to be such that whenever the provisions contained herein
are at variance with applicable provisions of other chapters of this
Code or of other lawfully adopted statutes, ordinances, rules and
regulations, the most restrictive provisions shall govern.
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Section 3501.0 - Definitions
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|
§ 3501.1. Application of Terms. The terms defined in this section, together with the general definitions set forth in Chapter 2 of this Code, shall be used to interpret the provisions of this chapter. In the event that the meanings of terms defined herein are at variance with those set forth in Chapter 2 of this Code, the meanings contained in this section shall control.
|
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§ 3501.2. Definitions. Unless otherwise
expressly stated, the following terms, for the purposes of this chapter,
shall have the meanings indicated:
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ACCESSORY USE OR STRUCTURE — a use or structure on the
same lot with, and of a nature customarily incidental and subordinate
to, the principal use or structure.
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ASCE 24 or ASCE 24-98 — a standard developed by the American
Society of Civil Engineers for flood-resistant design and construction
of structures located in flood hazard areas. See the definition of
"Uniform Construction Code (UCC)." "ASCE 24-98" is the 1998 edition
of the ASCE 24 standard.
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BASEMENT — any area of the building having its floor subgrade
(below ground level) on all sides.
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BUILDING — a combination of materials to form a permanent
structure having walls and a roof. The term includes, without limitation,
all manufactured homes and trailers to be used for human habitation.
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CODE ENFORCEMENT OFFICER — the person appointed and authorized
by the Board of Supervisors of East Coventry Township to administer
and enforce the provisions of this chapter.
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COMPLETELY DRY SPACE — a space which will remain totally
dry during flooding; the structure is designed and constructed to
prevent the passage of water and water vapor.
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CONSTRUCTION — the construction, reconstruction, renovation,
repair, extension, expansion, alteration or relocation of a building,
structure, including the placement of mobile homes.
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DESIGNATED FLOODPLAIN DISTRICTS — those floodplain districts
specifically designated in the Zoning Ordinance.
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DEVELOPMENT — 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.
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ESSENTIALLY DRY SPACE — 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.
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FEMA — the Federal Emergency Management Agency.
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FLOOD — a temporary inundation of normally dry land areas.
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FLOODPLAIN AREA — a relatively flat or low land area which
is subject to partial or complete inundation from an adjoining or
nearby stream, river or watercourse; and/or any area subject to the
unusual and rapid accumulation of surface waters from any source.
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FLOODPROOFING — 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.
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FLOODWAY — the area of a designated floodplain district
required to carry and discharge flood waters 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.
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HISTORIC STRUCTURE — any structure that is:
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(1)
|
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.
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(2)
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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.
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(3)
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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.
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(4)
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Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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(a)
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By an approved state program as determined by the Secretary
of the Interior.
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(b)
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Directly by the Secretary of the Interior in states without
approved programs.
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IBC — the International Building Code. See the definition
of "Uniform Construction Code (UCC)."
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IDENTIFIED FLOODPLAIN AREA — the floodplain area specifically
identified in the Zoning Ordinance as being inundated by the one-hundred-year
flood.
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IFGC — the International Fuel Gas Code. See the definition
of "Uniform Construction Code (UCC)."
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IRC or INTERNATIONAL RESIDENTIAL CODE — the International
Residential Code for One- and Two-Family Dwellings. See the definition
of "Uniform Construction Code (UCC)."
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LAND DEVELOPMENT — Any of the following activities:
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(1)
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The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
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(a)
|
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
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(b)
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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.
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(2)
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A subdivision of land.
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LOWEST FLOOR — the lowest floor of the lowest enclosed
area (including basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access or storage
area is not considered a building's lowest floor; provided, that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this Code.
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MANUFACTURED HOME — a structure, transportable in one
or more sections, which is built on a permanent chassis, and is designed
for use with or without a permanent foundation when attached to the
required utilities. The term includes park trailers, travel trailers,
recreational and other similar vehicles which are placed on a site
for more than 180 consecutive days.
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MANUFACTURED HOME PARK — a parcel of land under single
ownership, which has been planned and improved for the placement of
two or more manufactured homes for non-transient use.
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MINOR REPAIR — 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
of parts of a structure affecting the exitway requirements; nor shall
minor repair include any addition to, alteration of, replacement or
relocation of any standpipe, water supply, sewer, drainage, drain
leader, gas, oil, waste, vent, or similar piping, electric wiring
or mechanical, or other work affecting public health or general safety.
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MOBILE HOME — 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 does not include
recreational vehicles or travel trailers. The term includes park trailers,
travel trailers, recreational and other similar vehicles which are
placed on a site for more than 180 consecutive days.
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MOBILE HOME PARK — 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.
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NEW CONSTRUCTION — structures for which the start of construction
commenced on or after February 17, 1982, and includes any subsequent
improvements thereto.
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OBSTRUCTIONS — any wall, dam, wharf, embankment, levee,
dike, pile abutment, projection, excavation, channel, rectification,
culvert, building, fence, stockpile, refuses, fill, structure or matter
in, along, across or projecting into any channel, watercourse or designated
floodplain district which may impede, retard or change the direction
of the flow of water either in itself or by catching or collecting
debris carried by such water or is placed where the flow of the water
might carry the same downstream to the damage of life and property.
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ONE-HUNDRED-YEAR FLOOD — 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).
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PERSON — an individual, partnership, public or private
association or corporation, firm, trust, estate, municipality, governmental
unit, public utility or any other legal entity whatsoever, which is
recognized by law as the subject of rights and duties.
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RECREATIONAL VEHICLE — a vehicle which is:
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(1)
|
Built on a single chassis.
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(2)
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Four hundred square feet or less when measured at the largest
horizontal projection.
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(3)
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Designed to be self-propelled or permanently towable by a light
duty truck.
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(4)
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Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
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REGULATORY FLOOD ELEVATION — the one-hundred-year flood
elevation plus a freeboard safety factor of 1 1/2 feet.
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REPETITIVE LOSS — flood related damages sustained by a
structure on two separate occasions during a ten-year period for which
the cost of repairs at the time of each such flood event, on average,
equals or exceeds 25% of the market value of the structure before
the damages occurred.
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SPECIAL PERMIT — 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 entirely or partially within a designated
floodplain district.
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STREET — any way used or intended to be used by vehicular
traffic or pedestrians, whether public or private, including without
limitation, a street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley and viaduct.
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STRUCTURE — anything constructed or erected on the ground
or attached to the ground including, but not limited to buildings,
sheds, manufactured homes, and other similar items. This term includes
any man-made object having an ascertainable stationary location on
or in land or water whether or not affixed to land.
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SUBDIVISION — 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.
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SUBSTANTIAL ADDITIONS TO MANUFACTURED HOME PARKS — any
repair, reconstruction, or improvement of an existing manufactured
home park or manufactured home subdivision, where such repair, reconstruction,
or improvement of the streets, utilities, and pads will equal or exceed
50% of the value of the streets, utilities and pads before the repair,
reconstruction, or improvement is started.
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SUBSTANTIAL DAMAGE — damage of any origin sustained by
a structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50% of the market value of
the structure before the damage occurred.
| |||
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SUBSTANTIAL IMPROVEMENT —
| |||
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(1)
|
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.
| ||
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(2)
|
Substantial improvement includes any repair, restoration or
other improvement to structures which have incurred substantial damage
or repetitive loss regardless of the actual repair, restoration or
other improvement work performed.
| ||
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(3)
|
Substantial improvement, however, does not include either:
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|
(a)
|
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 project is the minimum necessary to assure safe living conditions.
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(b)
|
Any alteration of a historic structure, provided that the alteration
will not preclude the continued designation of the structure as a
historic structure.
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UNIFORM CONSTRUCTION CODE (UCC) -
| |||
|
(1)
|
The statewide building code, established under and by the Pennsylvania
Construction Code Act, Act of November 10, 1999, P.L. 491, No. 45,
as amended, 35 P.S. § 7210.101 et seq., and the regulations
of the Department of Labor and Industry of the Commonwealth of Pennsylvania
(L&I) at 43 Pa. Code Chapters 401-405, as amended, and applicable
to new construction in all municipalities whether administered by
the municipality, a third party or L&I.
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(2)
| |||
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(3)
|
Applicable to residential and commercial buildings, the building
code adopted, by reference, various codes, including portions of the
International Residential Code for One- and Two-Family Dwellings (IRC),
the International Building Code (IBC), and the International Fuel
Gas Code (IFGC), as the standards for floodplain construction within
the Commonwealth.
| ||
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(4)
|
The IBC incorporates by reference various standards including
ASCE 24, a standard developed by the American Society of Civil Engineers
providing minimum requirements for flood-resistant design and construction
of structures located in flood hazard areas.
| ||
|
(5)
|
For purposes of coordination with the UCC, references in this
chapter are made specifically to various sections and appendices of
the IRC, the IBC, the IFGC, the ASCE 24, and/or the L&I regulations
at 43 Pa. Code Chapters 401-405, as amended, notwithstanding that
certain of the cited sections or appendices may not have been adopted
as part of the UCC but shall nevertheless apply under this chapter.
| ||
|
ZONING ORDINANCE — the East Coventry Township Zoning Ordinance of 2008, as amended, as codified at Chapter 27 of the Township of East Coventry Code of Ordinances.
| |||
|
Section 3502.0 - Elevation Standards
|
|
§ 3502.1. Residential Structures. Within
any designated floodplain district, the lowest floor (including basement)
of any new residential structure or of any substantial improvement
to a residential structure shall be at least 1 1/2 feet above
the one-hundred-year flood elevation. In complying with such requirement,
the design and construction standards and specifications, contained
in the 2003 IBC (Sections 1603.1.6, 1612.4, and 3403.1), the 2003
IRC (Sections R323.1.4, R323.2.1 and R323.2.2), ASCE 24-98 (Sections
2.4 and 2.5, and Chap. 5), and 34 Pa. Code (Chapters 401-405, as amended),
shall be utilized.
|
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§ 3502.2. Nonresidential Structures.
| ||
|
1.
|
Within any designed floodplain district, the lowest floor (including
basement) of any new nonresidential structure or of any substantial
improvement to a nonresidential structure 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.
| |
|
2.
|
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" (U.S. Army Corps
of Engineers, June, 1972) for that type of construction.
| |
|
3.
|
In complying with the above requirements of this subsection,
the design and construction standards and specifications, contained
in the 2003 IBC (Sections 1603.1.2, 1603.1.6, 1605.2.2, 1612.4, 1612.5.1
and 3403.1), ASCE 24-98 (Section 2.4 and Chap. 7), and 34 Pa. Code
(Chapters 401-405, as amended), shall be utilized.
| |
|
§ 3502.3. Fully Enclosed Area Below Lowest Floor. Except as hereinafter provided, fully enclosed areas below the lowest
floor (including basement) of any residential or nonresidential structure,
which areas are subject to flooding, shall be prohibited. Fully enclosed
areas below the lowest floor of any residential or nonresidential
structure, which areas are subject to flooding and usable solely for
parking of vehicles, building access or storage in an area other than
a basement, shall be permitted provided such areas are designed to
automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement either must be certified as meeting this requirement
by a registered professional engineer or architect, or must meet or
exceed the following minimum criteria: (i) a minimum of two openings
having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided;
(ii) the bottom of all openings shall be no higher than one foot above
ground; and (iii) openings may be equipped with screens, louvers,
valves or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters. Consideration shall also
be given to the requirements of 34 Pa.Code (Chapters 401-405, as amended),
the 2003 IRC (Sections R323.1.4 and R323.2.2), and the 2003 IBC (Sections
1203.3, 1203.3.1, 1203.3.2.5, 1612.4 and 1612.5) in the development
and preparation of any such design.
|
|
Section 3503.0 - Design and Construction Standards
|
|
§ 3503.1. Drainage Facilities. Storm
drainage facilities shall be designed to convey the flow of stormwater
runoff in a safe and efficient manner. The system shall incur 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.
|
|
§ 3503.2. Sanitary Sewer Facilities. 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 flood waters
into the systems and discharges from the systems into the flood waters.
In addition, they should be located and constructed to minimize or
eliminate flood damage and impairment.
|
|
§ 3503.3. Water Facilities. All new or
replacement water facilities shall be designed to minimize or eliminate
infiltration of flood waters into the system and be located and constructed
to minimize or eliminate flood damages.
|
|
§ 3503.4. Streets. The finished elevation
of proposed new streets shall be no more than one foot below the regulatory
flood elevation.
|
|
§ 3503.5. Utilities. All utilities such
as gas lines, electrical and telephone systems should be located,
elevated (where possible) and constructed to minimize the change of
impairment during a flood.
|
|
§ 3503.6. 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 to two horizontal, unless substantiated
data, justifying steeper slopes are submitted to, and approved by,
the Building Official; and,
| |
|
5.
|
Be used to the extent to which it does not adversely affect
adjacent properties.
| |
|
6.
|
Be used to the extent to which it does not adversely affect
adjacent properties. The provisions contained in the 2003 IBC (Sections
1801.1 and 1803.4) shall be utilized.
| |
|
§ 3503.7. Placement of Buildings and Structures. 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 flood waters.
|
|
§ 3503.8. Anchoring.
| ||
|
1.
|
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.
| |
|
2.
|
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.
| |
|
3.
|
In complying with the above requirements of this subsection,
the design and construction requirements, as provided in the UCC referenced
in 34 Pa.Code (Chapters 401-405, as amended), as well as those contained
in the 2003 IBC (Sections 1605.2.2, 1605.3.1.2 and 1612.4, and Appendix
G Section G501.3), the 2003 IRC (Sections R301.1 and R323.1.1), and
ASCE 24-98 (Section 5.6), shall be utilized.
| |
|
§ 3503.9. Floors, Walls and Ceilings.
| |||
|
1.
|
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 of an "exterior" or "marine" grade and of a
water-resistant of waterproof variety.
| ||
|
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 of metal or other water-resistant material.
| ||
|
2.
|
In complying with the above requirements of this subsection, the provisions of the UCC, referenced in 34 Pa.Code (Chapters 401-405, as amended), and the provisions contained in the 2003 IBC (Sections 801.1.3, 1403.2, 1403.4, 1403.6 and 1404.2), the 2003 IRC (Sections R323.1.7 and R502.3), and ASCE 24-98 (Chapter 6), shall be utilized.
| ||
|
§ 3503.10. Electrical Systems.
| ||
|
1.
|
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.
| |
|
2.
|
No electrical distribution panels shall be allowed at an elevation
less than three feet above the level of the one-hundred-year flood
elevation.
| |
|
3.
|
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
| |
|
4.
|
In complying with the above requirements of this subsection, the provisions of the UCC, referenced in 34 Pa.Code (Chapters 401-405, as amended), and the provisions contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Section R323.1.5), the 2003 IFGC (Section 301.11), and ASCE 24-98 (Chapter 8), shall be utilized.
| |
|
§ 3503.11. Plumbing.
| ||
|
1.
|
Water heaters, furnaces and other mechanical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation. In complying with such requirement, the provisions of the UCC, referenced in 34 Pa.Code (Chapters 401-405, as amended), and provisions contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Section R323.1.5), the 2003 IFGC (Section 301.11) and ASCE 24-98 (Chapter 8), shall be utilized.
| |
|
2.
|
No part of any on-site sewage disposal system shall be constructed
within any designated floodplain district.
| |
|
3.
|
Water supply systems and sanitary sewage systems shall be designed
to preclude infiltration of flood waters into the systems and discharges
from the system into flood waters.
| |
|
4.
|
All gas and oil supply systems shall be designed to preclude
the infiltration of flood waters into the systems and discharges from
the systems into flood waters. Additional provisions shall be made
for the drainage of these systems in the event that flood water infiltration
occurs.
| |
|
5.
|
In complying with the above requirements of this subsection, the design and construction provisions of the UCC and 34 Pa.Code (Chapters 401-405, as amended), as well as those contained in the 2003 IBC (Appendix G Sections G401.3 and G401.4), the 2003 IRC (Section 323.1.6), and ASCE 24-98 (Section 8.3), and the provisions of FEMA Publication No. 348, "Protecting Building Utilities From Flood Damages," and the 2006 International Private Sewage Disposal Code (Chapter 3) shall be utilized. 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 flood waters.
| |
|
§ 3503.12. Paints and Adhesives.
| |||
|
1.
|
Where located at or below the 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, such as doors, trim and cabinets, 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).
| ||
|
2.
|
In complying with the above requirements of this subsection,
the standards and specifications, contained in 34 Pa.Code (Chapters
401-405, as amended), the 2003 IBC (Sections 801.1.3 and 1403.7, and
Appendix G) and the 2003 IRC (Section R323.1.7), shall be utilized.
| ||
|
§ 3503.13. Storage. All materials that
are buoyant, flammable, explosive, or in time of flooding, possibly
injurious to human, animal or plant life and not listed in § 27-406,
Subsection 1A, of the Zoning Ordinance shall be stored at or above
the regulatory flood elevation and/or floodproofed to the maximum
extent possible.
|
|
§ 3503.14. Uniform Construction Code Coordination. The standards and specifications contained in 34 Pa.Code (Chapters
401-405, as amended), together with but not limited to the provisions
set forth below (whether or not such provisions have been adopted
as part of the UCC), shall apply to the above and other sections,
subsections and other provisions of this chapter to the extent that
they are more restrictive than and/or supplement the requirements
provided in other sections, subsections, and/or other provisions of
this chapter:
| ||
|
1.
|
The following provisions of the International Building Code
(IBC) 2003 or the latest edition thereof: Sections. 801, 1202, 1403,
1603, 1605, 1612 and 3402, and Appendix G.
| |
|
2.
|
The following provisions of the International Residential Code
(IRC) 2003 or the latest edition thereof: Sections R104, R105, R109
and R323, and Appendix E and Appendix J.
| |
|
Section 3504.0
Special Flood Damage Control Provisions for Mobile Homes
and Mobile Home Parks and Manufactured Homes and Manufactured Home
Parks
|
|
§ 3504.1. Application.
| |||
|
1.
|
The provisions contained in this section shall apply to mobile
homes, mobile home parks, manufactured homes, and manufactured home
parks in designated floodplain districts, and shall be in addition
to other applicable provisions of this chapter.
| ||
|
2.
|
Except as may be determined otherwise by the Code Enforcement
Officer, all provisions of this section as well as other provisions
of this chapter, which expressly apply to mobile homes and/or mobile
home parks, shall also apply to manufactured homes and/or manufactured
home parks, and all provisions of this section as well as other provisions
of this chapter, which expressly apply to manufactured homes and/or
manufactured home parks shall also apply to mobile homes and/or mobile
home parks.
| ||
|
§ 3504.2. Anchoring. All mobile homes
and any additions thereto shall be anchored to resist flotation, collapse
or lateral movement by providing over-the-top and frame ties to ground
anchors in accordance with the American National Standards Institute
and National Fire Protection Association Standards Institute and National
Fire Protection Association Standards as specified in the Standard
for the Installation of Mobile Homes Including Mobile Home Park Requirements
(NFPA zn, SolA1974 (ANSI A119.3-1975)) as amended for Mobile Homes
in Hurricane Zones or other appropriate standards such as the following:
| ||
|
1.
|
Over-the-top ties shall be provided at each of the four corners
of the mobile home with two additional ties per side at intermediate
locations for units 50 feet or more in length and one additional tie
per side for units less than 50 feet in length.
| |
|
2.
|
Frame ties shall be provided at each corner of the mobile home
with five additional ties per side at intermediate locations for units
50 feet or more in length and four additional ties per side for units
less than 50 feet in length.
| |
|
3.
|
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds per square inch.
| |
|
§ 3504.3. Elevation. All mobile homes
and any additions thereto shall also be placed on a permanent foundation
and elevated in accordance with the following requirements.
| ||
|
1.
|
The stands or lots shall be elevated on compacted fill or on
pilings so that the lowest floor of the mobile home will be at or
above the elevation of the regulatory flood;
| |
|
2.
|
Adequate surface drainage is provided;
| |
|
3.
|
Adequate access for a hauler is provided; and,
| |
|
4.
|
Where pilings are used for elevation, the lots shall be large
enough to permit steps, piling foundations shall be placed in stable
soil no more than 10 feet apart, reinforcement shall be provided for
pilings that will extend for six feet or more above the ground level.
| |
|
§ 3504.4. Evacuation Plan. An evacuation
plan for mobile home parks, indicating alternate vehicular access
and escape routes, shall be filed with the Building Official.
|
|
§ 3504.5. Prohibition in Floodway. No
mobile homes or mobile home parks shall be placed in any designated
floodway district or area.
|
|
§ 3504.6. Installation of Manufactured Homes. Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide such instructions,
the requirements of following shall apply: (i) Appendix E of the 2003
IRC or the Permanent Foundations Guide for Manufactured Housing, 1996
or latest edition thereof, prepared for the U.S. Department of Housing
and Urban Development; and (ii) 34 Pa.Code Chapters 401-405, as amended.
In the event of a conflict between or among the provisions of the
requirements cited in foregoing clauses (i) and (ii), the provisions
which impose the greater requirements shall prevail and control.
|
|
§ 3504.7. Additional Anchoring Requirements. Where appropriate and/or applicable manufacturer's standards
for anchoring cannot be provided or have not been established for
the proposed installation of a mobile home or manufactured home, consideration
shall be given to the installation requirements of the following:
(i) the 2003 IBC (Appendix G Section G501.1-G501.3), or latest edition
thereof; (ii) the 2003 IRC (Sections R102.7.1, R105.3.1.1, R323.2
and R323.3, and Appendix E Sections AE101, AE604 and AE605), or latest
edition thereof; and (iii) 34 Pa.Code Chapter 401-405, as amended.
In the event of a conflict between or among the provisions of this
subsection and § 3504.2 (providing for anchoring), the provisions
which impose the greater requirements shall prevail and control.
|
|
Section 3505.0 Existing Structures In Designated Floodplain
Districts
|
|
§ 3505.1. Application. Structures lawfully
existing in any designated floodplain district prior to the enactment
of this chapter, but which are no in compliance with the provisions
of this chapter, may continue to remain subject to the provisions
of this section.
|
|
§ 3505.2. Offsetting Flood Height Effects. 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.
|
|
§ 3505.3. Alterations Under Fifty Percent. 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.
|
|
§ 3505.4. Alterations of or Greater Than Fifty
Percent. 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 be undertaken only in full compliance
with the provisions of this chapter. Any such modification, alteration,
reconstruction or improvement shall also address the requirements
of 34 Pa.Code (Chapters 401-405, as amended), the 2003 IBC (Sections
1612.4 and 3403.1), and the 2003 IRC (Sections R105.3.1.1 and R323.1.4).
|
|
§ 3505.5. Repetitive Loss. Any modification,
alteration, reconstruction or improvement of any kind that meets the
definition of "repetitive loss" shall be undertaken only in full compliance
with the provisions of this chapter.
|
|
§ 3505.6. Additional Requirements. The
requirements of 34 Pa.Code (Chapters 401-405, as amended) and the
2003 IRC (Sections R102.7.1, R105.3.1 and R105.3.1.1, and Appendices
E and J), or latest edition thereof, and the 2003 IBC (Sections 101.3
and 3403.1, and Appendix G), or latest edition thereof, shall also
be utilized in conjunction with the other provisions of this section.
|
|
Section 3506.0 - Variances
|
|
§ 3506.1. General. If compliance with
the elevation or floodproofing requirements stated in this chapter
would result in an exceptional hardship for a prospective builder,
developer or land owner, the Board of Supervisors may, upon written
application, grant relief from the strict application of the requirements,
in accordance with the terms of this section.
|
|
§ 3506.2. Standards for Review. Requests
for variances to the strict application of the elevation or floodproofing
requirements of this chapter may be granted by the Board of Supervisors
in accordance with the following standards:
| |||
|
1.
|
No variances shall be granted for any construction, development,
use or activity within any designated Floodway District or area that
would cause any increase in the one-hundred-year elevation.
| ||
|
2.
|
No variances shall be granted unless all structures proposed
thereby shall be designed and constructed so as to have the capability
of resisting the hydrostatic and hydrodynamic loads and pressures
and the effects of buoyancy of the one-hundred-year flood.
| ||
|
3.
|
Except for a possible modification of the freeboard requirement
involved, no variance shall be granted to or from any requirements
pertaining specifically to types of development, obstructions or activities
regulated under the provisions of § 27-406 of the Zoning
Ordinance ("Special Provisions for Certain Types of Development Within
Floodplain Districts"), including, without limitation, those types
of development, activities and obstructions requiring a special permit.
| ||
|
4.
|
In reviewing any requests for a variance, the Board of Supervisors
shall consider, but not be limited to, the following:
| ||
|
a.
|
That there is good and sufficient cause for the variance;
| ||
|
b.
|
That the failure to grant the variance will result in exceptional
hardship to the applicant; and,
| ||
|
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.
| ||
|
5.
|
If granted, the variance shall involve only the least modification
of the requirement in question necessary to provide relief.
| ||
|
6.
|
In granting any variance, the Board of Supervisors 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 chapter.
| ||
|
§ 3506.3. Notification. Whenever a variance
is granted, the Board of Supervisors shall notify the applicant in
writing that:
| ||
|
1.
|
The granting of the variance may result in increased premium
rates for flood insurance; and,
| |
|
2.
|
Such variance may increase risks to life and property.
| |
|
§ 3506.4. Records. A complete record
of all variance requests, decisions thereon and related actions shall
be maintained by the Board of Supervisors. In addition, a report of
all variances granted during the year shall be included in the annual
report of the Township to the Federal Insurance Administration.
|
|
Section 3507.0 - Supplementary Administrative Provisions
|
|
§ 3507.1. General. In addition to the permit application requirements and procedures set forth in Chapter 1 of this Code, all proposed construction and development within a designated floodplain district shall comply with the permit application and procedures set forth in this section.
|
|
§ 3507.2. Additional Documentation and Information. The following specific documents and information shall be included
as part of the application for a permit to allow construction or development
in a designated floodplain district:
| ||||
|
1.
|
A plan of the entire site, drawn at a scale of one inch being
equal to 100 feet or less, showing the following:
| |||
|
a.
|
North arrow, scale and date;
| |||
|
b.
|
A location map showing the vicinity in which the proposed activity
or development is to be located within the Township;
| |||
|
c.
|
Topography based upon the North American Vertical Datum of 1988,
showing existing and proposed contours at intervals of two feet;
| |||
|
d.
|
All property and lot lines, including dimensions and the size
of the site expressed in acres or square feet;
| |||
|
e.
|
The location of all existing streets, drives and other accessways
with information concerning widths, pavement types and construction
and elevations;
| |||
|
f.
|
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities and any
other natural or man-made features affecting, or affected by, the
proposed activity or development;
| |||
|
g.
|
The location of the floodplain district boundary line, floodway
line if available, information and spot elevations concerning the
one-hundred-year flood elevations and information concerning the flow
of water, including direction and velocities;
| |||
|
h.
|
A general plan of the entire site accurately showing the location
of all proposed buildings, structures and any other improvements,
including the location of any existing or proposed subdivision and
land development in order to assure that:
| |||
|
(1)
|
All such proposals are consistent with the need to minimize
flood damage;
| |||
|
(2)
|
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage; and,
| |||
|
(3)
|
Adequate drainage provided so as to reduce exposure to flood
hazards.
| |||
|
2.
|
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
| |||
|
a.
|
Detailed architectural or engineering drawings, including building
size, floor plans, sections and exterior building elevations as appropriate;
| |||
|
b.
|
The proposed lowest floor elevations of any building based upon
the North American Vertical Datum of 1988;
| |||
|
c.
|
Complete 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 flood proofing
measures;
| |||
|
e.
|
Cross-section drawings for all proposed streets, drives and
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;
| |||
|
g.
|
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems and any other utilities and facilities;
and,
| |||
|
h.
|
Soil types.
| |||
|
3.
|
The following data and documentation:
| |||
|
a.
|
A document, certified by a registered professional engineer
or architect, which states that the proposed construction has been
adequately designed to withstand the one-hundred-year flood elevation,
pressures, velocities, impact and uplift forces and other hydrostatic,
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 and/or development.
| |||
|
b.
|
Detailed information needed to determine compliance § 3503.13 ("Storage") of this chapter and § 27-406, Subsection 1 ("Development Which May Endanger Human Life"), of the Zoning Ordinance, including:
| |||
|
(1)
|
The amount, location and purpose of any materials or substances referred to in § 3503.13 of this chapter or § 27-406, Subsection 1, of the Zoning Ordinance, which materials or substances are intended to be used, produced, stored or otherwise maintained on the site.
| |||
|
(2)
| ||||
|
c.
|
The appropriate component of the "Planning Module for Land Development"
of the Pennsylvania Department of Environmental Protection.
| |||
|
d.
|
Where any excavation or grading is proposed, a plan meeting
the requirements of the Pennsylvania Department of Environmental Protection
to implement and maintain erosion and sedimentation control.
| |||
|
§ 3507.3. Review by Chester County Conservation District.
A copy of all application and plans for construction and development
in any designated floodplain district to be considered for approval
shall be submitted by the Building Official to the Chester County
Conservation District for review and comment prior to the issuance
of a permit.
|
|
§ 3507.4. Review by Others. A copy of all plans and
applications for any proposed construction or development in any designated
floodplain district to be considered for approval may be submitted
by the Building Official to any other appropriate agencies and/or
individuals such as, without limitation, the Township Planning Commission
and the Township Engineer for review and comment.
|
|
§ 3507.5. Other Permit Issuance Requirements. Prior
to the issuance of any permit, the Building Official shall review
the application for such permit to determine that all other necessary
governmental permits have been obtained, such as those required by
state and federal laws, including, without limitation, the Pennsylvania
Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) § 1535,
as amended, the Dam Safety and Encroachments Act, Act of November
25, 1978, P.L. § 1575, as amended, and the Federal Water
Pollution Control Act Amendments of 1972, § 404, 33 U.S.C.
§ 1334. No permit shall be issued until such determination
has been made.
|
|
§ 3507.6. Additional Requirements and Procedures
for the Application and Issuance of Special Permits.
| |||||
|
1.
|
In addition to other permit application and issuance requirements
of this section, the following information and documentation shall
be required in applying for any special permit required by the Township
Zoning Ordinance to allow activities, uses, construction, construction
and development in a designated floodplain district:
| ||||
|
a.
|
Certification from the applicant that the site upon which the
activity or development is proposed is an existing 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
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;
and,
| ||||
|
f.
|
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.
| ||||
|
2.
|
Upon filing of an application for a special permit with the
Township, the following procedures shall apply in addition to all
other applicable permit procedures:
| ||||
|
a.
|
Within three working days following filing of the application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the Chester County Planning Commission by registered
or certified mail for its review and recommendation. Copies of the
application shall also be forwarded to the Township Planning Commission
and Township Engineer for review and comment.
| ||||
|
b.
|
If the application is incomplete, the Building Official shall
notify the applicant, in writing, stating in what respects the application
is deficient.
| ||||
|
c.
|
If the Township, by and through the Building Official, decides
to disapprove the application, the Building Official shall notify
the applicant, in writing, of the reasons for the disapproval.
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d.
|
If the Township, by and through the Building Official, approves
the application, it shall file written notification thereof, together
with the application and all pertinent information with the Pennsylvania
Department of Community and Economic Development, by registered mail,
within five working days after the date of approval.
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e.
|
Before issuing the special permit, the Building Official shall
allow the Pennsylvania Department of Community and Economic Development
30 days, after the receipt by the Department of the written notification
of approval, to review the application and the decision made by the
Township by and through it Building Official.
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|
f.
|
If the Township does not receive any communication from the
Pennsylvania Department of Community and Economic Development during
the thirty-day review period, the Building Official may issue the
special permit to the applicant.
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|
g.
|
If the Pennsylvania Department of Community and Economic Development
should decide to disapprove the application, it shall notify the Township
and the applicant, in writing, of the reasons for the disapproval
and the Building Official shall not issue the special permit.
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|
3.
|
In addition to any other applicable requirements, the following
provisions shall also apply to the activities requiring a special
permit. If there is any conflict between any of the following requirements
and any otherwise applicable provision, the more restrictive provision
shall apply:
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|
a.
|
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:
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|
(1)
|
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located and constructed so that:
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|
(a)
|
The structure shall 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;
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|
(b)
|
The lowest floor (including basement) elevation shall be at
least at the regulatory flood elevation; and,
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|
(c)
|
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.
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|
(2)
|
Prevent any significant possibility of pollution, increased
flood levels, flows or debris endangering life and property.
| ||||
|
b.
|
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
and the like shall be submitted in sufficient detail to allow a thorough
technical review by the Building Official, Township Engineer and other
appropriate governmental officials and agencies and by the Pennsylvania
Department of Community and Economic Development.
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|
Section 3508.0 - Warning and Disclaimer of Liability
|
|
§ 3508.1. Warning. The degree of flood
protection sought by the provisions of this chapter is considered
reasonable for regulatory purposes and is based on acceptable engineering
methods of study. Larger floods may occur in rare occasions. Flood
heights may be increased by man-made or natural causes such as ice
jams and bridge openings restricted by debris. The provisions of this
chapter do not imply that areas outside the designated floodplain
districts or that construction, development or other land uses permitted
within such district, will be free from flooding or flood damages.
In furtherance, and not in limitation of the foregoing sentence, East
Coventry Township hereby gives notice:
| |||
|
(i)
|
That the one-hundred-year and five-hundred-year floodplain boundaries
and the base (one-hundred-year) flood elevations of properties along
the Schuylkill River in the vicinity of Bethel Church Road, Old Schuykill
Road, Pennsylvania Route 724 and Anderson Road have been reduced in
the Flood Insurance Study and accompanying maps prepared for East
Coventry Township by the Federal Insurance Administration, dated November
20, 1996, from the boundaries and elevations set forth in the previous
study, dated August 17, 1982;
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|
(ii)
|
That the Township appealed said reduction to the Federal Emergency
Management Agency (FEMA), believing the reduction to be incorrect;
| ||
|
(iii)
|
That FEMA denied the appeal; and,
| ||
|
(iv)
|
That the Township, notwithstanding the said reduction in floodplain
boundaries and flood elevations and the said denial of its appeal,
continues to believe that any construction, development or other uses
on or of said properties may be subject to flooding and/or flood damages.
| ||
|
§ 3508.2. Disclaimer of Liability. This
chapter shall not create liability on the part of East Coventry Township,
the Building Officer or any other officer or employee thereof, for
any flood damages that may result from reliance on the provisions
of this chapter or on any administrative decision lawfully made hereunder.
|
2.
The Property Maintenance Code adopted in this Part is hereby amended
and changed in the following respects:
[Added by Ord. No. 219, 12/11/2017]
A.
Section 103.5 is hereby amended and restated in its entirety as follows:
103.5 Fees. The fees for activities and services
performed by the department in carrying out its responsibilities under
this code shall be as indicated in the fee schedule adopted from time
to time by resolution of the Board of Supervisors.
B.
Section 302.4 is hereby deleted in its entirety.
C.
The first paragraph of Section 304.14 is hereby amended and restated
in its entirety as follows:
304.14 Insect screens. During the period from May
15 to October 15, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved, tightly fitting screens of not less
than 16 mesh per inch (16 mesh per 25 mm), and every screen door used
for insect control shall have a self-closing device in good working
condition.
D.
The first paragraph of Section 602.3 is hereby amended and restated
in its entirety as follows:
602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period
from October 1 to May 1 to maintain a temperature of not less than
68° F. (20° C.) in all habitable rooms, bathrooms, and toilet
rooms.
E.
The first paragraph of Section 602.4 is hereby amended and restated
in its entirety as follows:
602.4 Occupiable work spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from October
30 to May 1 to maintain a temperature of not less than 65° F.,
(18° C.) during the period the spaces are occupied.
[Ord. 96, 8/3/1998, § 1]
1.
In interpreting any of the provisions of the building codes adopted
in this Part, the following shall govern:
A.
None of said building codes shall supersede any provision of any
law of the Commonwealth of Pennsylvania or of any regulation promulgated
by any department or agency of the Commonwealth by authority of law,
where such law or regulation is in conflict with or identical to a
provision of any of said building codes; provided, however, that any
provision of the said building codes which is stricter than or in
addition to any state law or regulation governing a particular subject
or activity shall be in effect and shall be enforced within the Township
of East Coventry, subject to the penalties prescribed in said building
codes adopted in this Part for a violation of said building codes.
B.
Mention in or regulation by the building codes adopted in this Part of any specific use of property, or of any business or industry, shall not in itself, authorize such use of property or the establishment of or the carrying on of such business or industry in the Township. It is hereby declared the intent of the Board of Supervisors that permitted or prohibited uses of the land and buildings within the Township shall be governed by the Zoning Ordinance [Chapter 27] of the Township and its amendments and supplements.
[Ord. 127, 6/28/2004]
It is the intent and purpose of this Part to (i) promote the
general health, safety and welfare of the citizens of East Coventry
Township, and (ii) conform to the requirements of the Pennsylvania
Construction Code Act, Act of November 10, 1999, P.L. 491, No. 45,
as amended, 35 P.S. §§ 7210.101 — 7210.1103,
and the regulations promulgated thereunder by the Department of Labor
and Industry of the Commonwealth of Pennsylvania, applicable to municipalities
elected to administer and enforce the building code provisions of
such Act and regulations.
[Ord. 127, 6/28/2004]
The following words and phrases, when used in this Part, shall
have the meanings given in this section unless the context clearly
indicates otherwise:
The Board of Supervisors of the Township, being the governing
body of the Township.
The Pennsylvania Construction Code Act, Act of November 10,
1999, P.L. 491, No. 45, as amended, 35 P.S. §§ 7210.101-7210.1103,
as such act may be further amended from time to time.
The Construction Code and Regulations, including the Uniform
Construction Code.
The Department of Labor and Industry of the Commonwealth
of Pennsylvania.
The regulations promulgated by the L&I Department under
the Construction Code Act, as such regulations may be amended from
time to time.
The Township of East Coventry Township, Chester County, Pennsylvania.
The Uniform Construction Code as contained in the Regulations
at 34 Pa. Code, Chapters 401-405, as such code may be amended from
time to time.
[Ord. 127, 6/28/2004]
The Township hereby elects to administer and enforce the provisions
of the Construction Code Act and Regulations within the Township.
[Ord. 127, 6/28/2004]
[Ord. 127, 6/28/2004]
1.
Administration and enforcement of the Construction Code Act and Regulations
within the Township shall be undertaken in any one or more of the
following ways as determined by the Board of Supervisors, from time
to time, by resolution:
A.
By the designation of an employee of the Township as the municipal
code official to act on behalf of the Township.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Township.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of the Construction Code Act and Regulations
through an intermunicipal agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of the Construction Code Act and Regulations through
an intermunicipal agreement.
E.
By entering into an agreement with the L&I Department for plan
review, inspections and enforcement of structures other than one-family
or two-family dwelling units and utility and miscellaneous use structures.
[Ord. 127, 6/28/2004]
A Board of Appeals shall be established by resolution of the
Board of Supervisors in conformity with the requirements of the relevant
provisions of the Construction Code Act and Regulations and for the
purposes set forth therein. If at any time the administration and
enforcement of the Construction Code Act and Regulations are undertaken
jointly with one or more other municipalities, the Board of Appeals
shall be established by joint action of the Township and the other
participating municipalities.
[Ord. 127, 6/28/2004]
1.
The provisions of all building code ordinances of the Township including,
but not limited to, the provisions of Part 1, or portions thereof,
which were enacted by the Board of Supervisors on or before July 1,
1999, which are in effect as of the effective date of this Part, and
whose requirements equal or exceed the minimum requirements of the
Construction Code Act and Regulations, shall continue in full force
and effect until such time as such provisions fail to equal or exceed
the minimum requirements of the Construction Code Act and Regulations.
2.
The provisions of all building code ordinances of the Township including,
but not limited to, to the provisions of Part 1, or portions thereof,
which were enacted by the Board of Supervisors, which are in effect
as of the effective date of this Part, and whose requirements are
less than the minimum requirements of the Construction Code Act and
Regulations, are hereby amended to conform with the comparable provisions
of the Construction Code Act and Regulations.
3.
The provisions of all relevant ordinances, regulations and policies
of the Township including, but not limited to, the provisions of Part
1, which are in effect as of the effective date of this Part and which
are not governed by the Construction Code Act and Regulations, shall
remain in full force and effect.
[Ord. 127, 6/28/2004]
Fees assessable by the Township for the administration and enforcement
of the Construction Code Act and Regulations undertaken pursuant to
this Part and the Construction Code Act and Regulations shall be established
by the Board of Supervisors by resolution, from time to time. The
Board of Supervisors, by such resolution, may also establish (i) required
time periods for the payment of the fees, including time periods for
payment of fees for plan review, inspection and other activities related
to the Uniform Construction Code, and (ii) a fee refund policy.
