[Amended 12-9-1996 by Ord. No. 96-7; 2-10-2016 by Ord. No. 2016-02]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of Marlborough Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
Intent. The intent of this article is to:
(1)
Protect areas of the floodplain necessary to contain floodwaters.
(2)
To permit only those uses in the floodplain that are compatible
with preserving natural conditions and stream flow.
(3)
Promote the general health, welfare, and safety of the community
by preventing development in areas prone to flooding.
(4)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(5)
Minimize danger to public health by protecting water supply
and natural drainage.
(6)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(7)
Comply with federal and state floodplain management requirements.
B.
Applicability.
(1)
The Floodplain Conservation District is defined and established
as a district applicable to those areas of Marlborough Township subject
to inundation by the waters of the one-percent-annual-chance flood
as delineated on the Flood Insurance Rate Map (FIRM) for Montgomery
County, Pennsylvania, as prepared by the Federal Emergency Management
Agency, dated March 2, 2016, or the most recent official version thereof,
and subsequent revisions thereto. Said floodplain areas shall consist
of the following specific areas:
(a)
Flood zones are geographic areas that the FEMA has defined according
to varying levels of flood risk. These zones are depicted on a community's
Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map. Each
zone reflects the severity or type of flooding in the area. Flood
zones present in Marlborough Township: A, AE, AE (without floodway).
(b)
Soils with a frequency of flooding of 1% or greater per year,
as delineated by the Natural Resources Conservation Service, United
States Department of Agriculture Web-Based Soil Survey (available
online at http://websoilsurvey.nrcs.usda.gov/), including the following
soils:
(2)
In lieu of the above, Marlborough Township 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 Township.
(3)
The Floodplain Conservation District shall be delineated according to FEMA's Flood Insurance Rate Map (FIRM) for Marlborough Township which is hereby made a part of this article, and additional area based on soils as described in Subsection B(1)(b). The FIRM is available for inspection at the municipal office.
(4)
The Floodplain Conservation District shall be deemed an overlay
on any zoning district now or hereafter applicable to any lot.
(5)
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development anywhere within Marlborough Township unless a permit
has been obtained from the Floodplain Administrator.
(6)
A permit shall not be required for minor repairs to existing
buildings or structures.
C.
Abrogation and greater restrictions. This article supersedes any
other conflicting provisions which may be in effect in the Floodplain
Conservation District. 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 article, the more restrictive shall apply.
D.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this
article is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur,
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This article
does not imply that areas outside the Floodplain Conservation District
or that land uses permitted within such areas will be free from flooding
or flood damages.
(2)
This article shall not create liability on the part of Marlborough
Township or any officer or employee thereof for any flood damages
that result from reliance on this article or any administrative decision
lawfully made there under.
A.
General. Unless specifically defined below, words and phrases used
in this article shall be interpreted so as to give this article its
most reasonable application.
B.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXISTING STRUCTURE/EXISTING CONSTRUCTION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
FLOODWAY FRINGE
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(a)
(b)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REDEVELOPMENT AREA
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL FLOODPLAIN AREA
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions. As used in this chapter, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year. The BFE is also shown
on the FIS profile, and can be determined for Zone A floodplains.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to subdivision of land; construction, reconstruction,
renovation, repair, expansion, or alteration of buildings or other
structures; the placement of manufactured homes; streets and other
paving; utilities; fill; grading and excavation; mining; dredging;
drilling operations; or storage of equipment or materials.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
A structure, for which the start of construction commenced
before the effective date of the FIRM.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
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.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Pennsylvania Historical and Museum Commission (PHMC)
as meeting the criteria for individual listing on the National Register;
Certified or preliminarily determined by the Pennsylvania Historical
and Museum Commission (PHMC) as contributing to the historical significance
of a National Register historic district or a district preliminarily
determined by the PHMC to be eligible to qualify for listing in the
National Register, or;
Designated as historic by a municipal ordinance:
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code; or
Located in a local historic district that has been certified
by the Pennsylvania Historical and Museum Commission as meeting the
requirements of the Pennsylvania Historic District Act.[1]
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this article.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
ordinance and includes any subsequent improvements to such structures.
Any construction started after September 2, 1981, and before the effective
start date of this floodplain management ordinance is subject to the
ordinance in effect at the time the permit was issued, provided that
the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
The flood having a one-percent chance of being equaled or
exceeded in any given year. Also referred to as the "one-percent-frequency
flood," or the "base flood," as defined by FEMA in the Flood Insurance
Study for Marlborough Township.
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.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
FIRM, dated September 2, 1981, whichever is later, and, as such would
be required to be compliant with the regulations of the NFIP.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial FIRM, dated September 2, 1981, and, as such would not be required
to be compliant with the regulations of the NFIP.
A vehicle which is
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
A census tract or group of census tracts eligible for the
Montgomery County Revitalization Program and identified in the adopted
municipal revitalization plan.
The regulatory flood elevation is the elevation to which
development is regulated for purposes of elevation and/or dry floodproofing.
It is equal to the base flood elevation (BFE) plus a freeboard of
1 1/2 feet.
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.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or, AH.
The areas identified as Zone AE in the Flood Insurance Study,
where one-hundred-year flood elevations have been provided, but no
floodway has been delineated.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement, was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceeds 50% or more of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage (or repetitive loss, when a repetitive loss provision is used) regardless of the actual repair work performed. The term does not, however include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. For alteration of historic structures, see § 275-140D(5).
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
A.
Identification.
(1)
The Floodplain Conservation District shall be any areas of Marlborough
Township classified as special flood hazard areas (SFHAs) in the Flood
Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps
(FIRMs) dated March 2, 2016, or the most recent official version thereof,
and issued by the Federal Emergency Management Agency (FEMA), or the
most recent revision thereof, including all digital data developed
as part of the Flood Insurance Study.
(2)
The Floodplain Conservation District shall also include areas with soils listed in § 275-137B(3), along with any community identified flood hazard areas.
(3)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Marlborough Township and declared
to be a part of this article.
B.
Description and special requirements of the Floodplain Conservation
District. The Floodplain Conservation District shall consist of the
following specific areas/districts:
(1)
The Floodway Area/District shall be those areas identified as
Floodway on the FIRM as well as those floodway areas which have been
identified in other available studies or sources of information for
those special floodplain areas where no floodway has been identified
in the FIS. The floodway represents the channel of a watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
by more than one foot at any point.
(a)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection
regional office.
(2)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
(a)
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(b)
AE Area without floodway shall be those areas identified as
an AE zone on the FIRM included in the FIS prepared by FEMA for which
base flood elevations have been provided but no floodway has been
determined.
[1]
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
[2]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection regional office.
(3)
A Area/District.
(a)
The A Area/District shall be the areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
one-percent-annual-chance flood elevations have been provided. For
these areas, elevation and floodway inform from other federal, state,
or other acceptable source shall be used when available. Where other
acceptable information is not available, the elevation shall be determined
by using the elevation of a point on the boundary of the Floodplain
Conservation District which is nearest the construction site.
(b)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality.
(4)
The Shallow Flooding Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent-annual-chance shallow flooding where
average depths are between one and three feet. In Zones AO and AH,
drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
(5)
Community-identified flood hazard areas shall be those areas
where Marlborough Township has identified local flood hazard or ponding
areas, as delineated and adopted on a "Local Flood Hazard Map" using
best available topographic data and locally derived information such
as flood of record, historic high-water marks, soils or approximate
study methodologies.
C.
Changes in identification of area. The Floodplain Conservation District
may be revised or modified by the Board, Council, etc., where studies
or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change, approval
must be obtained from the FEMA. Additionally, as soon as practicable,
but not later than six months after the date such information becomes
available, a community shall notify FEMA of the changes by submitting
technical or scientific data.
D.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Marlborough
Township Planning Commission, and any party aggrieved by this decision
or determination may appeal to the Board of Supervisors. The burden
of proof shall be on the appellant.
E.
Corporate boundary changes. Prior to development occurring in areas
where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
A.
Uses permitted by right. The following uses are permitted by right
in the Floodplain Conservation District in compliance with the requirements
of this article:
(2)
Forestry operations reviewed by the Montgomery County Conservation
District.
(3)
The following floodplain crossings are permitted provided disturbance
to any existing woodlands and degradation of water quality are minimized
to the greatest extent practicable:
(4)
Agricultural uses conducted in compliance with methods prescribed
in the latest version of the Department of Environmental Protection's
Erosion and Sediment Pollution Control Manual. In the event that the
municipality has a Riparian Corridor Conservation District or similar
regulation, the more restrictive regulation shall apply.
(5)
Public sewer and/or water lines and public utility transmission
lines running along the corridor.
B.
Uses prohibited in the Floodplain Conservation District. Any use or activity not authorized within Subsection A, herein, shall be prohibited within the Floodplain Conservation District, and the following activities and facilities are specifically prohibited:
(1)
None of any required yard setback area on an individual residential
lot may extend into the Floodplain Conservation District.
(2)
New construction of buildings or placement of fill within the
one-hundred-year floodplain is prohibited.
(3)
Placement of fill within the one-hundred-year floodplain is
prohibited; restoration of eroded areas without changes to existing
grade that do not alter existing watercourse shall be excluded from
this prohibition.
(4)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse.
(5)
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under Subsection A, herein, and where the effects of these actions are mitigated by reestablishment of vegetation.
(6)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards and in accordance with
Pennsylvania Department of Agriculture and Environmental Protection
Agency regulations.
(7)
Roads or driveways, except where permitted as corridor crossings in compliance with Subsection A, herein.
(8)
Motor or wheeled vehicle traffic in any area not designed to
accommodate adequately the type and volume.
(9)
Parking lots.
(10)
Subsurface sewage disposal areas.
(11)
Sod farming.
(12)
Stormwater basins, including necessary berms and outfall facilities.
C.
Nonconforming structures and uses in the Floodplain District. The provisions of this article 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 § 275-140D of this article, and Article VI of the Marlborough Township Zoning Ordinance shall apply.
D.
Improvements to existing structures in the Floodplain Conservation
District. The following provisions shall apply whenever any improvement
is made to an existing structure located within any Floodplain Conservation
District:
(1)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be allowed within any AE Area/District with floodway, as defined in § 275-139B(2), that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3)
Any modification, alteration, reconstruction, or improvement,
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
(4)
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this article
must comply with all ordinance requirements that do not preclude the
structure's continued designation as an historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from the
ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
(5)
The above activity shall also address the requirements of the
34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC, or the
most recent revisions thereto as adopted by the Township.
(6)
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 article.
A.
General. If compliance with any of the requirements of this article
would result in an exceptional hardship to a prospective builder,
developer or landowner, Marlborough Township may, upon request, grant
relief from the strict application of the requirements.
B.
Variance procedures and conditions.
(1)
For a use other than those permitted in § 275-140, an application seeking approval by variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
(2)
No variance shall be granted for any construction, development,
use, or activity within any floodway area that would cause any increase
in the BFE.
(3)
No variance shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway that
would, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
(4)
No variance shall be granted for any of the other requirements pertaining specifically to development regulated by § 275-143D (pertaining to special technical requirements for activities requiring a special permit) or to development which may endanger human life § 275-142C(1).
C.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in flood hazard areas where base
flood elevation data are not available, shall be supported by hydrologic
and hydraulic engineering analyses that determine base flood elevations
and floodway information. The analyses shall be prepared by a licensed
professional engineer in a format required by FEMA for a Conditional
Letter of Map Revision or Letter of Map Revision.
D.
Special requirements for manufactured homes.
(1)
Within the Floodplain Conservation District, manufactured homes
shall be prohibited within the area measured 50 feet landward from
the top-of-bank of any watercourse.
(2)
Where permitted by variance within the Floodplain Conservation
District, all manufactured homes, and any improvements thereto, shall
be:
(a)
Placed on a permanent foundation.
(b)
Elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above the base flood elevation.
(c)
Anchored to resist flotation, collapse, or lateral movement.
(d)
Have all ductwork and utilities including HVAC/heat pump elevated
to the regulatory flood elevation.
(3)
Installation of manufactured homes shall be done in accordance
with the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the United States Department of Housing and Urban
Development's Permanent Foundations for Manufactured Housing, 1984
Edition, draft or latest revision thereto as adopted by the Township,
shall apply and 34 Pa. Code Chapters 401 through 405.
(4)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC, or the most recent revisions thereto
as adopted by the Township, and 34 Pa. Code, as amended where appropriate
and/or applicable to units where the manufacturers' standards for
anchoring cannot be provided or were not established for the proposed
installation.
F.
Variance conditions.
(1)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(2)
In granting any variance, the Zoning Hearing Board shall attach
the reasonable conditions and safeguards outlined herein. These conditions
and safeguards are necessary in order to protect the public health,
safety, and welfare of the residents of the municipality.
(4)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, at a minimum, the following:
(a)
That there is good and sufficient cause, including:
[1]
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of the zoning ordinance in the neighborhood
or district in which the property is located.
[2]
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the zoning ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
[3]
That such unnecessary hardship has not been created by the appellant.
[4]
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will:
(5)
A complete record of all variance requests and related actions
shall be maintained by Marlborough Township. In addition, a report
of all variances granted during the year shall be included in the
biennial report to FEMA.
A.
General. In granting any variance, Marlborough Township shall attach
the following technical provisions to the proposal for which the variance
has been granted. These conditions and safeguards are necessary in
order to protect the public health, safety, and welfare of the residents
of the municipality.
(1)
Pertaining to the alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection regional office.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(2)
The municipality shall require technical or scientific data
to be submitted to FEMA for a Letter of Map Revision (LOMR) within
six months of the completion of any new construction, development,
or other activity resulting in changes in the BFE. A LOMR or Conditional
Letter of Map Revision (CLOMR) is required for:
(a)
Any development that causes a rise in the base flood elevations
within the floodway; or
(b)
Any development occurring in Zone AE without a designated floodway,
which will cause a rise of more than one foot in the base flood elevation;
or
(c)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges.)
(3)
Any new construction, development, uses or activities allowed
by variance within any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this article
and any other applicable codes, ordinances and regulations. In addition,
when such development is proposed within the area measured 50 feet
landward from the top of bank of any watercourse, a permit shall be
obtained from the Department of Environmental Protection regional
office.
B.
Elevation and floodproofing requirements.
(1)
Residential structures.
(a)
In AE Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation. 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 used.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 275-139B(3) of this article.
(c)
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 as adopted
by the Township, and ASCE 24 and 34 Pa. Code (Chapters 401 through
405, as amended) shall be utilized.
(2)
Nonresidential structures.
(a)
In AE Zones, any new construction or substantial improvement
of a nonresidential structure shall have the lowest floor (including
basement) elevated up to, or above, the regulatory flood elevation,
or be designed and constructed so that the space enclosed below the
regulatory flood elevation:
(b)
In A Zones, where there no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with Subsection § 275-139B(3) of this article.
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations," published by the
United States Army Corps of Engineers (June 1972, as amended March
1992), or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above referenced standards.
(d)
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 as adopted
by the Township, and ASCE 24 and 34 Pa. Code (Chapters 401 through
405, as amended) shall be used.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
There shall be a minimum of two openings having a net total
area of not less than one square inch for every square foot of enclosed
space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(4)
Accessory structures.
(a)
Structures accessory to a principal building need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
[1]
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
[2]
Floor area shall not exceed 200 square feet.
[3]
The structure will have a low damage potential.
[4]
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
[5]
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
[6]
Permanently affixed utility equipment and appliances, such as
furnaces, heaters, washers, dryers, etc., are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
[a]
There shall be 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.
C.
Special technical requirements.
(1)
Development which may endanger human life. In accordance with
the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances; or, will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or, will involve
the production, storage, or use of any amount of radioactive substances
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Any structure of the kind described in Subsection C(1), above, shall be prohibited within any Floodway Area. Where permitted by variance within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection C(1) above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with Subsection B.
(3)
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection C(1) above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(4)
New or substantially improved nonresidential structures.
(a)
(b)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations" United States Army
Corps of Engineers, June 1972, as amended March 1992), or with some
other equivalent watertight standard.
D.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
Floodplain Conservation District:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(d)
Be no steeper than one vertical to two horizontal, feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by, the Floodplain Administrator; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall 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.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any Floodplain Conservation District 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.
(d)
The design and construction provisions of the UCC and FEMA No.
348, Protecting Building Utilities From Flood Damages, and the International
Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities, such as gas lines and
electrical and telephone systems, shall be located, elevated (where
possible) and constructed to minimize the chance of impairment during
a flood.
(5)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in Subsection C, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications
contained 34 Pa. Code (Chapters 401 through 405, as amended) and not
limited to the following provisions shall apply to the above and other
sections and subsections of this article, to the extent that they
are more restrictive and/or supplement the requirements of this article.
(a)
International Building Code (IBC) 2009, or the latest edition
thereof as adopted by the Township: Sections 801, 1202, 1403, 1603,
1605, 1612, 3402, and Appendix G.
(b)
International Residential Building Code (IRC) 2009, or the latest
edition thereof as adopted by the Township: Sections R104, R105, R109,
R323, Appendix AE101, Appendix E and Appendix J.
A.
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[1] the activities indicated in Subsection A(1) and (2) shall be prohibited within any Floodplain Conservation District unless a special permit has been issued by Marlborough Township. In order to apply for a special permit, a variance must first be obtained, as outlined in § 275-141.
(2)
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Application requirements for special permits. Applicants for special
permits shall provide five copies of the following items:
(1)
A written request including a completed special permit application
form.
(2)
A small scale map showing the vicinity in which the proposed
site is located.
(3)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date;
(b)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(c)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
(d)
The location of all existing streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(e)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water including direction and velocities;
(g)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(h)
Any other information which the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation;
(d)
Detailed information concerning any proposed floodproofing measures;
(e)
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(f)
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades; and
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(b)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood elevation;
(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 of
pollution that might possibly occur from the development during the
course of a base flood elevation, including a statement concerning
the effects such pollution may have on human life;
(d)
A statement certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation 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 base flood elevation and the effects such materials and debris
may have on base flood elevation elevations and flows;
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(g)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control;
(h)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
(i)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
C.
Application review procedures. Upon receipt of an application for a special permit by Marlborough Township, the following procedures shall apply in addition to those of § 275-144:
(1)
Within five working days following receipt of the application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the Marlborough Township Planning
Commission and Marlborough Township engineer for review and comment.
(2)
If an application is received that is incomplete, Marlborough
Township shall notify the applicant in writing, stating in what respect
the application is deficient.
(3)
If Marlborough Township decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
(4)
If Marlborough Township approves an application, it shall file
written notification, together with the application and all pertinent
information, with the Department of Community and Economic Development,
by registered or certified mail, within five working days after the
date of approval.
(5)
Before issuing the special permit, Marlborough Township shall
allow the Department of Community and Economic Development 30 days,
after receipt of the notification by the Department, to review the
application and decision made by Marlborough Township.
(6)
If Marlborough Township does not receive any communication from
the Department of Community and Economic Development during the thirty-day
review period, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development should
decide to disapprove an application, it shall notify Marlborough Township
and the applicant, in writing, of the reasons for the disapproval,
and Marlborough Township shall not issue the special permit.
D.
Special technical requirements.
(1)
In addition to the requirements of § 275-142 of this article, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in § 275-142 of this article or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(2)
No application for a special permit shall be approved unless
it can be determined that the structure or activity will be located,
constructed and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
[1]
The structure will survive inundation by waters of the base
flood elevation without any lateral movement or damage to either the
structure itself, or to any of its equipment or contents below the
BFE.
[2]
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above the base flood elevation.
[3]
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood elevation.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(3)
All hydrologic and hydraulic analyses shall be undertaken only
by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by Marlborough Township and the Department of Community
and Economic Development.
A.
Designation of the Floodplain Administrator. The Township Zoning
Officer is hereby appointed to administer and enforce this article
and is referred to herein as the Floodplain Administrator.
B.
Permits required. A permit shall be required before any construction or development is undertaken within the Floodplain Conservation District. In the case of a proposed hospital, nursing home, jail, prison, or manufactured home park, the permit referred to here would be the special permit of § 275-143.
C.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
(3)
In the case of existing structures, prior to the issuance of
any development/Permit, the Floodplain Administrator shall review
the history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
(4)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. The Floodplain Administrator shall make as many inspections
during and upon completion of the work as are necessary.
(5)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority, upon providing seven days' written notice
to the occupant, to enter any building, structure, premises or development
in the Floodplain Conservation District, at reasonable times to inspect
or perform the duties imposed by this article, provided that if such
building, structure, premise or development is occupied, the Floodplain
Administrator shall present credentials to the occupant and request
entry. If such building, structure, premises or development is unoccupied,
the Floodplain Administrator shall first make a reasonable effort
to locate the owner or other person having charge or control of the
building, structure, premises or development and request entry. If
entry is refused, the Floodplain Administrator shall have recourse
to the remedies provided by law to secure entry.
(6)
In the event that the Floodplain Administrator discovers that
the work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Township Manager for whatever action it
considers necessary.
(7)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this article, including,
but not limited to, permitting, inspection and enforcement.
(8)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions
thereof as adopted by the Township.
D.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by Marlborough Township.
Such application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits or variances required.
(f)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(2)
If any proposed construction or development is located entirely
or partially within any Floodplain Conservation District, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent floatation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less and shall show the relationship
of the subject property to natural and man-made features existing
within 1,000 feet of the site. The features to be shown on the plan
include the following:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines;
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
[4]
The location of all existing streets, drives, and other accessways;
and
[5]
The location of any existing bodies of water or watercourses,
the Floodplain Conservation District, and information pertaining to
the floodway, and the flow of water including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at a scale of one inch being equal to 100 feet or less showing
the following:
[1]
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
[2]
The elevation of the base flood;
[3]
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC, or latest revisions thereof as adopted
by the Township.
(d)
The following data and documentation:
[1]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[2]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation; and detailed information concerning any
proposed floodproofing measures and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an AE Area/District without floodway, when combined with all
other existing and anticipated development, will not increase the
base flood elevation more than one foot at any point.
[4]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood elevation.
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.
[5]
Detailed information needed to determine compliance with § 275-142D(6), Storage, and § 275-142C, Development which may endanger human life, including:
[6]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[7]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
(e)
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the Floodplain Administration.
E.
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any Floodplain
Conservation District to be considered for approval shall be submitted
by the Floodplain Administrator to the County Conservation District
for review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Floodplain
Administrator for possible incorporation into the proposed plan.
F.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any Floodplain Conservation
District to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., planning commission, municipal engineer, etc.) for review and
comment.
G.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
H.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit, the date of its issuance and be signed by the
Floodplain Administrator.
I.
Start of construction.
(1)
Work on the proposed construction shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The term "start of construction" shall be understood as defined in § 275-138B of this article.
(2)
Time extensions shall be granted only if a written request is
submitted by the applicant, which sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
J.
Enforcement. Enforcement of this article shall fall under the provisions set for in Article III of the Marlborough Township Zoning Ordinance.
K.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article, may appeal to the Zoning Hearing Board. Such appeal must
be filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
(2)
Upon receipt of such appeal, the Zoning Hearing Board shall
consider the appeal in accordance with the Municipal Planning Code
and any other local ordinance.
