[Amended 10-26-1977 by Ord. No. 325, approved 10-26-1977; 12-14-1982 by Ord. No. 353, approved 12-15-1982; 8-13-1985 by Ord. No. 367, approved 8-13-1985; 10-14-1986 by Ord. No. 377, approved 10-14-1986; 8-11-1987 by Ord. No. 383, approved 8-11-1987; 12-17-1996 by Ord.
No. 96-015, approved 12-17-1996; 3-2-2016 by Ord. No. 2016-02, approved 3-2-2016]
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 Council
of West Conshohocken Borough 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)
Promote the general health, welfare, and safety of the community.
(2)
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply and natural
drainage.
(4)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(5)
Comply with federal and state floodplain management requirements.
B.
Applicability. It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within the Borough unless a permit
has been obtained from the Building Code Official.
C.
Abrogation and greater restrictions. This article supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this article, the more restrictive shall apply.
D.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this article shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of this article, which shall remain in full force and effect, and
for this purpose the provisions of this article are hereby declared
to be severable.
E.
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 accepted
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 any identified floodplain areas, 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 the Borough
or any officer, employee, or appointed professional thereof for any
flood damages that result from reliance on this article or any administrative
decision lawfully made thereunder.
A.
Word usage. 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 DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
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 STRUCTURES
A.
B.
C.
D.
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
A.
B.
C.
D.
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
Terms defined. As used in this article, 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"
or "one-percent-annual chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE and A 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.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A 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 manufactured 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 has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency 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 the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
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, mechanical or
other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after March 2, 2016, and includes any subsequent improvements
to such structures. Any construction started after September 30, 1977,
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 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 the Borough.
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 September 30, 1977, 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 September 30, 1977, 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 base flood elevation (BFE) or estimated flood height
as determined using simplified methods, plus a freeboard safety factor
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 or AE.
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 the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after 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 manufacture 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 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 aboveground, 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 exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost 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, 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. 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 a 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 ordinance requirements will be the minimum
necessary to preserve the historic character and design of the structure.
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.
A.
Identification. The identified floodplain area shall be:
(1)
Any areas of the Borough, 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, 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 above-referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by the Borough and declared to be
a part of this article.
B.
Description and special requirements of the Floodplain Conservation
District. The identified floodplain area shall consist of the following
specific areas:
(1)
The Floodway Area/District identified as floodway in the FIS which
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. This term shall also include floodway areas which
have been identified in other available studies or sources of information
for those special flood hazard areas where no floodway has been identified
in the FIS.
(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 without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS, but
no floodway has been delineated.
(a)
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.
(3)
Community-identified flood hazard areas shall be those areas where
the Borough 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.
(4)
A Area/District.
(a)
The A Area/District shall be those 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 information from other federal,
state, or other acceptable sources shall be used when available. Where
other acceptable information is not available, the base flood elevation
shall be determined by using the elevation of a point on the boundary
of the identified floodplain area 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.
C.
Changes in identification of area. The identified floodplain area
may be revised or modified by the Council where studies or information
provided by a qualified agency or person documents the need for such
revision. However, prior to any such change to the special flood hazard
area, approval must be obtained from 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 to
the special flood hazard area by submitting technical or scientific
data.
D.
Boundary disputes.
(1)
In case of any dispute concerning the boundaries of a Floodplain
Conservation District, initial determination shall be made by the
Zoning Hearing Board.
(2)
Any party aggrieved by the decision of the Zoning Hearing Board as to the boundaries of the Floodplain Conservation District, as defined in § 113-87A, which may include the grounds that said map referred to therein is or has become incorrect because of changes due to natural or other causes, or changes indicated by later detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in § 113-89 of this chapter.
(3)
Boundary changes shall be validated through detailed engineering
studies by the United States Army Corps of Engineers or another qualified
agency or individual.
(4)
The burden of proof shall be on the appellant.
(5)
The Zoning Hearing Board may request a review and recommendations
of the Soil Conservation Service and Borough Engineer at least 30
days prior to the public hearing.
(6)
The Zoning Hearing Board, in addition to other evidence and standards,
may consider the recommendations of the Borough Planning Commission
and the validation of the United States Army Corps of Engineers, Philadelphia
District, and/or other municipal agencies.
(7)
All changes to the boundaries of the Floodplain Conservation District
are subject to the review and approval of the Federal Insurance Administrator.
(8)
All approved changes in boundaries shall be made on the appropriate map(s) described in § 113-87B(3).
E.
Jurisdictional 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.
Overlay concept.
(1)
The Floodplain Conservation District shall be deemed an overlay on
the West Conshohocken Borough Zoning Map.
(2)
The Floodplain Conservation District shall be delineated on the Floodplain
Overlay Map of the Borough of West Conshohocken, which is hereby made
a part of this article and is available for inspection at the municipal
building.
(3)
Any change in the Floodplain Conservation District as from time to
time may be determined to be proper hereunder shall be forthwith reflected
on said map.
(4)
Should the Floodplain Conservation District be declared inapplicable
to any tract by reason of action of the Borough Council in amending
this article, or the Zoning Officer, the Zoning Hearing Board or any
court of competent jurisdiction in interpreting the same or the Zoning
Hearing Board or any court of competent jurisdiction in determining
a legal effect of the same, the zoning applicable to such lot shall
be deemed to be the district in which it is located without consideration
to this article.
(5)
Should the zoning of any parcel or any part thereof in which the
Floodplain Conservation District is located be changed through any
legislative or administrative actions or judicial discretion, such
change shall have no effect on the Floodplain Conservation District
unless such change was included as part of the original application.
(6)
Except where this article prescribes a greater setback due to the boundaries of the floodplain as defined in § 113-85C herein, the minimum setback for all structures from the center line of any watercourse shall be equal to the horizontal distance from the center line of the watercourse extended to a point at which the elevation is one foot above the base flood elevation, as verified by the Borough Engineer.
B.
Utilization of the Floodplain Conservation District.
(1)
All uses, activities and development occurring within a Floodplain
Conservation District shall be undertaken only in strict compliance
with the provisions of this article and with all other applicable
codes and ordinances, such as the West Conshohocken Borough Building
Code, as amended, and the West Conshohocken Borough Subdivision and
Land Development Ordinance, as amended.
(2)
Permitted uses. The following uses and no other will be permitted
in a Floodplain Conservation District:
(a)
Cultivation and harvesting of crops in accordance with the recognized
soil conservation practices.
(b)
Pasture and grazing land in accordance with recognized soil
conservation practices.
(c)
Outdoor plant nursery or orchard in accordance with recognized
soil conservation practices.
(d)
Wildlife sanctuary, woodland preserve, arboretum and passive
recreation areas or parks, including hiking, bicycle and bridle trails,
but including no facilities subject to damage by flooding.
(e)
Forestry, lumbering and reforestation in accordance with recognized
natural resource conservation practices and approved by the Montgomery
County Conservation District, but permitting no structures.
(f)
Utility transmission lines.
(g)
Sealed public water supply wells, with the approval of the Borough
Engineer.
(h)
Sanitary sewers, with the approval of the Borough Engineer.
(i)
Up to half of any required front, side or rear yard setback
and required lot area for any district may extend into the Floodplain
Conservation District, provided that such yards are not to be used
for on-site sewage disposal systems or for nonwire fences.
(j)
Streambank stabilization.
(k)
The following floodplain crossings are permitted, provided disturbance
to any existing woodlands and degradation of water quality are minimized
to the greatest extent practicable:
(l)
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.
(m)
Development of elevated and floodproofed buildings on brownfield sites in redevelopment areas encouraging economic revitalization, in compliance with § 113-90B(2).
(3)
The following uses shall be specifically prohibited in a Floodplain Conservation District, except for as part of a redevelopment project in compliance with § 113-89E herein, and the prohibition of these uses shall not be by way of limitation but rather by way of emphasis:
(a)
The relocation of any watercourse without approval by the Borough
Council of West Conshohocken Borough, which shall first have received
the recommendation of the Borough Planning Commission and the Soil
Conservation Service, United States Department of Agriculture, thereon;
the relocation of any watercourse without the approval of the Pennsylvania
Department of Environmental Protection. In addition, all adjacent
communities, the Pennsylvania Department of Community and Economic
Development and the Federal Emergency Management Agency (FEMA) shall
be notified prior to any such relocation or alteration.
(b)
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles
and materials.
(c)
On-site sewage disposal systems.
(d)
Private water supply wells.
(f)
The construction or substantial improvement of any structure
which will be used for the production, storage or maintenance of a
supply of the following toxic chemicals which are dangerous to human
life:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides, including insecticides, fungicides
and rodenticides.
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
[19]
Any other dangerous materials or substances regulated
by the appropriate federal or state agencies.
(g)
No new construction, alteration or improvement of buildings
and any other type of permanent structure, including fences shall
be permitted in the floodway or the one-hundred-year floodplain.
(h)
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under Subsection B(2) herein, and where the effects of these actions are mitigated by reestablishment of vegetation.
(i)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards.
(j)
Roads or driveways, except where permitted as corridor crossings in compliance with Subsection B(2) herein.
(k)
Motor or wheeled vehicle traffic in any area not designated
to accommodate adequately the type and volume.
(l)
Sod farming.
(4)
Floodway. Freestanding structures, buildings or retaining walls are
specifically prohibited in the floodway. Flood retention dams, culverts
and bridges are permitted in the floodway subject to approval by the
Pennsylvania Department of Environmental Protection.
(5)
Conditional uses permitted. The following conditional uses may be
allowed in the Floodplain District by Borough Council, provided that
the uses are in compliance with the regulations of the underlying
district and the provisions and standards of this article and other
Borough codes and ordinances:
(a)
Outlet installations for sewage treatment plants and sewage
pumping stations with the approval of the Borough Engineer, appropriate
sewer authorities and the Pennsylvania Department of Environmental
Protection, when accompanied by documentation as to the necessity
for locating within the boundaries of the Floodplain Conservation
District.
(b)
Game farm, fish hatchery or hunting and fishing reserve for
the protection of propagation of wildlife, but permitting no structures
in the floodway.
(c)
Commercial recreation use, whether open to the public or restricted
to private membership, such as parks, camps, picnic areas, golf courses,
fishing, sport or boating clubs.
(d)
Sanitary or storm sewer and impoundment basins, with the approval
of the Borough Engineer and the Pennsylvania Department of Environmental
Protection.
(e)
Paved roads, driveways and parking lots, where required by the
regulations for the district applicable to the lot without consideration
of this article, provided that:
[1]
In the case of roads and driveways, no such facilities shall
be permitted as a conditional use, if alternative alignments are feasible.
In any case, pervious materials shall be utilized in the construction
of any road or driveway situated within a floodplain.
[2]
In the case of parking facilities, no such facility shall be
permitted as a conditional use unless satisfactory evidence is submitted
that such parking will not be utilized during periods of flood flow,
thus posing no threat to the safety of the vehicles, their uses and/or
to downstream properties. Pervious materials shall be considered where
possible in the construction of any parking facility situated within
the floodplain.
(f)
Grading or regrading of lands, including the deposit of topsoil
and the grading thereof, and the construction of retaining walls.
The application for a conditional use shall be accompanied by a plan
indicating the deposition of any fill or materials proposed to be
deposited by the grading or regrading of land. Such fill or other
materials shall be protected against erosion by riprap, vegetative
cover or bulkheading.
(g)
Water-related uses and activities such as marinas, docks, wharves,
piers and so forth.
(h)
Other uses similar to the above.
(6)
Floodway fringe and approximated floodplain. In the floodway fringe and the approximated floodplain, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district only if approved as a conditional use by Borough Council or variance by the Zoning Hearing Board as provided in § 113-89B, C, D, and E, and provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances in force within the Borough.
C.
Nonconforming uses and structures.
(1)
Following the adoption of this article, any use or structure which is situated within the boundaries of the FP - Floodplain Conservation District and which does not conform to the permitted uses specified in Subsection B(2) herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this article.
(2)
The expansion or continuance of a nonconforming use or structure which is nonconforming with respect to the district in which it is located without consideration of this article shall be governed by the requirements of § 113-89 of this chapter. However, the Zoning Hearing Board shall ensure that the standards contained in § 113-89E and F herein are applied to the expansion or continuance of said nonconforming use or structure.
(3)
The expansion or continuance of a nonconforming use or structure which is rendered nonconforming by the adoption of this article shall be governed by the standards contained in § 113-89F herein. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
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 identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be allowed
within any identified floodplain area that would cause any increase
in the base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be allowed
within any AE Area/District with floodway that would, together with
all other existing and anticipated development, increase the base
flood elevation more than one foot at any point.
(3)
No expansion or enlargement of an existing structure shall be undertaken
in the direction of the streambank.
(4)
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.
(5)
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
of 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.
(6)
The above activity shall also address the requirements of the 34
Pa.Code, as amended and the 2009 IBC and the 2009 IRC.
(7)
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, unless
this provision constitutes a taking of the structure or property.
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, the Borough may, upon request, grant relief
from the strict application of the requirements.
B.
Conditional use application procedures.
(1)
An application for a zoning permit shall be filed with the Borough
Zoning Officer, who shall make an initial determination on the application.
(2)
An application seeking approval of a conditional use shall be forwarded
to the Borough Council, along with required studies or information
and the findings of the Zoning Officer.
(3)
The application for a conditional use shall be accompanied by detailed
engineering studies indicating the effects on drainage and streams
on all adjacent properties as well as the property in question.
C.
Procedures for consideration of conditional uses.
(1)
All applications for approval of a conditional use shall be considered using standards listed in Subsection E.
(3)
The Borough Council shall request at least 30 days prior to the public
hearing, the review and recommendations of the Soil Conservation Service.
(4)
The Borough Council shall request, at least 30 days prior to a public
hearing, the review and recommendation of the West Conshohocken Borough
Planning Commission.
(5)
The Borough Council shall request, at least 30 days prior to a public
hearing, the review and recommendations of technical agencies, such
as the Montgomery County Planning Commission and other planning agencies,
to assist in determining the impact of the proposed use.
(6)
The Borough Council shall render a decision within 30 days after
the public hearing. In rendering a decision, the Borough Council may
impose special measures or conditions as deemed necessary and appropriate
for the use to conform with the intent of this article.
D.
Procedures for consideration of variances. All applications for approval by variance shall be considered by the Zoning Hearing Board, following the same procedures outlined for the Borough Council for consideration of a conditional use in Subsection C.
E.
Standards for approval of conditional uses or uses by variance. The Borough Council and Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the objectives stated in § 113-85A herein. The Borough Council, in considering a use as a conditional use, or the Zoning Hearing Board, in considering a use by variance, shall utilize the following:
(1)
No variance shall be granted for any construction, development, use
or activity within any floodway area that would cause any increase
in the base flood elevation.
(2)
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 base flood elevation more than one foot at any point.
(3)
No variance shall be granted for any of the other requirements pertaining specifically to development regulated by § 113-90C (pertaining to special technical requirements for activities requiring a special permit) or to development which may endanger human life.
(4)
The effect of the use shall not substantially alter the cross-sectional
profile of the stream and floodplains at the location of the proposed
use.
(5)
Lands abutting the waterway, both upstream and downstream, shall
not be unreasonably affected by the proposed use.
(6)
The general welfare or public interest of the Borough of West Conshohocken
or of other municipalities in the same watershed shall not be adversely
affected.
(7)
Any new development permitted by conditional use or by variance shall
be developed and placed on the lot 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)
The availability of alternative locations not subject to flooding
for the proposed use.
(9)
The relationship of the proposed use to the West Conshohocken Borough
Land Use Plan and the floodplain management program for the area.
(10)
The safety of access for ordinary and emergency vehicles in
times of flood.
(11)
An affirmative decision shall not be issued by the Zoning Hearing
Board or Borough Council within the designated floodway if any increase
in the flood levels during the base flood discharge would result.
(12)
Affirmative decisions shall only be issued upon determination
that it is the minimum necessary, considering the flood hazard, to
provide relief.
(13)
The Zoning Hearing Board or Borough Council shall notify the applicant, in writing, over the signature of community officials, that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all decisions as required in Subsection E(14) of this section.
(14)
The Borough shall maintain a record of all decisions, including
justification for their issuance, and report such decisions issued
in its annual report submitted to the Federal Emergency Management
Agency (FEMA).
F.
Additional standards for approval of uses by variance.
(1)
A property owner of a lot of record, as of the date of the enactment
of this article, who is able to prove that the strict enforcement
of this article would create undue hardship by denying a reasonable
use of an existing lot which is situated either wholly or partially
in the Floodplain Conservation District, may seek relief by applying
for a variance from the Zoning Hearing Board.
(2)
The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this article, as specified in § 113-85 herein.
(3)
In considering a use as 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:
(4)
A complete record of all variance requests and related actions shall
be maintained by the Borough. In addition, a report of all variances
granted during the year shall be included in the biennial report to
FEMA.
(5)
Structures.
(a)
Where permitted in the Floodplain Conservation District, any structure of the kind described in § 113-88B shall be:
(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 "Floodproofing Regulations" (United States Army
Corps of Engineers, June 1972), or with some other equivalent watertight
standard.
G.
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 identified floodplain 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.
H.
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 U.S. Department of Housing and Urban Development's Permanent
Foundations for Manufactured Housing, 1984 Edition, draft or latest
revision thereto shall apply and 34 Pa.Code Chapter 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,
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.
A.
General. In granting any variance, the Borough 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 alteration or relocation of a 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 first been 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 base flood elevation. 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 Zones A1-30 and 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).
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.
(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 § 113-87B(4) 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, 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 are no base flood elevations 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 § 113-87B(4) of this article.
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. 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, and
ASCE 24 and 34 Pa.Code (Chapters 401 through 405, as amended) shall
be utilized.
(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]
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, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
(4)
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
(a)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(b)
Floor area shall not exceed 200 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of 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:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[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.
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)
Within any floodway area, any structure of the kind described in Subsection C(1) above shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in Subsection C(1) above shall be:
(4)
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" (U.S. 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
identified floodplain area:
(1)
Fill.
(a)
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 feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by, the Floodplain Administrator; and
[5]
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water 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 identified floodplain area except in strict compliance with all
state and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
(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, 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(1), Development which may endanger human life, shall be stored at or above the regulatory flood elevation or flood proofed 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.) used at
or below the regulatory flood elevation 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 supplement the requirements of this
article:
(a)
International Building Code (IBC) 2009 or the latest edition
thereof: Sections, 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G;
(b)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
A.
Designation of the Floodplain Administrator. The Borough Manager
is hereby appointed to administer and enforce this article and is
referred to herein as the Floodplain Administrator. The Floodplain
Administrator may: fulfill the duties and responsibilities set forth
in these regulations; delegate duties and responsibilities set forth
in these regulations to qualified technical personnel, plan examiners,
inspectors, and other employees; or enter into a written agreement
or written contract with another agency or private sector entity to
administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22. In the absence
of a designated Floodplain Administrator, the Floodplain Administrator
duties are to be fulfilled by the Building Code Official.
B.
Permits required. A permit shall be required before any construction
or development is undertaken within any area of the Borough.
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 U.S. 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. He/she 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 to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(6)
In the event 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 Council for whatever action it considers
necessary.
(7)
The Floodplain Administrator shall maintain all records associated
with the requirements of this article, including, but not limited
to, finished construction elevation data, permitting, inspection and
enforcement.
(8)
The Floodplain Administrator is the official responsible for submitting
a biennial report to the FEMA concerning community participation in
the National Flood Insurance Program.
(9)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain ordinance as the floodplain administrator/manager.
(10)
The Floodplain Administrator shall consider the requirements
of the 34 Pa.Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
D.
Application procedure and requirements.
(1)
Application for such a permit shall be made, in writing, to the Building
Code Official on forms supplied by the Borough. Such application shall
contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits 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.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for 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;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and 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, showing the following:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[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,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood; and
[2]
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 with floodway (See § 113-88D) when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
[4]
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 [See § 113-87B(2)] when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
[5]
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. 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.
[6]
Detailed information needed to determine compliance with § 113-90D(6), Storage, and § 113-90C(1), Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 113-90D(6) and C(1) which are intended to be used, produced, stored or otherwise maintained on site.
[7]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[8]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
(4)
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 Administrator.
E.
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the 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 identified floodplain
area 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 Building Code Official 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. Work on the proposed construction or development
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 actual start of construction
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 manufacture 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.
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.
J.
Enforcement.
(1)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(d)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state;
(e)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this article.
(2)
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this article or who fails or refuses
to comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a misdemeanor and, upon conviction, shall pay a fine to the Borough,
of not more than $600, plus costs of prosecution. In addition to the
above penalties, all other actions are hereby reserved, including
an action in equity for the proper enforcement of this article. The
imposition of a fine or penalty for any violation of or noncompliance
with this article shall not excuse the violation or noncompliance
or permit it to continue. All such persons shall be required to correct
or remedy such violations and noncompliance within a reasonable time.
Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated, in noncompliance with
this article may be declared by the Council to be a public nuisance
and abatable as such.
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 Council. 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 Council shall set a time and place,
within not less than 10 or not more than 30 days, for the purpose
of considering the appeal. Notice of the time and place at which the
appeal will be considered shall be given to all parties.
L.
Certificates of occupancy. No vacant land shall be occupied or used
and no building hereafter erected, altered or moved within the Floodplain
Conservation District until a certificate of occupancy shall have
been issued by the Zoning Officer. The Zoning Officer shall request
the applicant to submit a certification by a registered professional
engineer or land surveyor that the finished fill and building floor
elevations, floodproofing measures or other flood protection factors
were accomplished in compliance with the provisions of this article.
The Zoning Officer shall, within 10 days after receipt of such certification
from the applicant, issue a certificate of occupancy only if the building
or premises and the proposed use thereof conform with all the requirements
of this article.
