[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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 Board of Commissioners of West Norriton Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
The intent of this Part is to:
A. 
Protect areas of the floodplain necessary to contain floodwaters.
B. 
Promote the general health, welfare, and safety of the community by preventing development in areas prone to flooding.
C. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
D. 
Minimize danger to public health by protecting water supply and natural drainage.
E. 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
F. 
Comply with federal and state floodplain management requirements.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
The Floodplain Conservation District is defined and established as a district applicable to those areas of West Norriton 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, as most recently amended. Said floodplain areas shall consist of the following specific areas:
A. 
A and AE.
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:
(1) 
Bowmansville (Bo).
(2) 
Knauers (Bo).
(3) 
Gilbraltar (Gc).
(4) 
Hatboro (Ha).
(5) 
Rowland (Rt).
(6) 
Rowland (RwA).
(7) 
Rowland (RwB).
(8) 
Urban land occasionally flooded (UlA).
2. 
In lieu of the above, West Norriton 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 West Norriton Township, which is hereby made a part of this Part, and additional area based on soils as described in § 27-2203, Subsection 1B. The FIRM is available for inspection at the Township 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 West Norriton 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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
This Part 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 Part, the more restrictive shall apply.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
If any section, subsection, paragraph, sentence, clause, or phrase of this Part shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this Part, which shall remain in full force and effect, and for this purpose the provisions of this Part are hereby declared to be severable.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
The degree of flood protection sought by the provisions of this Part 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 Part 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 Part, or granting of a zoning permit, or approval of a subdivision plan shall not constitute a representation, guaranty, or warranty of any kind regarding the practicability or safety of the proposed use by West Norriton Township nor create liability on the part of West Norriton Township or any officer, employee, or appointed professional thereof for any flood damages that result from reliance on this Part or any administrative decision lawfully made thereunder.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
Unless specifically defined below, words and phrases used in this Part shall be interpreted so as to give this Part its most reasonable application.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
BASE FLOOD ELEVATION (BFE)
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.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BUILDING
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.
DEVELOPMENT
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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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).
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
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.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
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.
FLOODWAY FRINGE
That part of the floodplain adjacent to and extending from the floodway and subject to inundation by the one-hundred-year flood; now referred to as the "AE Zone."
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURES
Any structure that is:
A. 
Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Pennsylvania Historical and Museum Commission (PHMC) as meeting the criteria for individual listing on the National Register;
B. 
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 on the National Register; or
C. 
Designated as historic by a municipal ordinance:
(1) 
Identified individually or as part of a local historic district by a zoning ordinance under the authority of the Pennsylvania Municipalities Planning Code; or
(2) 
Located in a local historic district that has been certified by the Pennsylvania Historical and Museum Commission as meeting the requirement of the Pennsylvania Historic District Act.[1]
LOWEST FLOOR
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 Part.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, and recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor 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; nor shall minor repairs include any work that only affects the interior portions of a structure.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective start date of this Part, and includes any subsequent improvements to such structures. Any construction started after September 30, 1977, and before the effective start date of this Part 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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
ONE-HUNDRED-YEAR FLOOD
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 West Norriton Township.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
POST-FIRM STRUCTURE
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.
PRE-FIRM STRUCTURE
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.
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
Not more than 400 square feet, measured at the largest horizontal projections;
C. 
Designed to be self-propelled or permanently towable by a light-duty truck;
D. 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REDEVELOPMENT AREA
A census tract or group of census tracts eligible for the Montgomery County Revitalization Program and identified in the adopted Municipal Revitalization Plan.
REGULATORY FLOOD ELEVATION
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 one foot.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
SPECIAL FLOOD HAZARD AREA (SFHA)
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.
SPECIAL FLOODPLAIN AREA
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.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion, of a floodplain.
START OF CONSTRUCTION
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 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.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
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 § 27-2216, Subsection 1E.
UNIFORM CONSTRUCTION CODE (UCC)
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 to state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
VIOLATION
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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
The Floodplain Conservation District shall be any areas of West Norriton Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management Agency (FEMA), effective March 2, 2016, or as most recently amended and/or revised, 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 § 27-2203, Subsection 1B, 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 West Norriton Township and declared to be a part of this Part.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
The Floodplain Conservation District shall consist of the following specific areas/districts:
A. 
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.
(1) 
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.
(2) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection's regional office.
B. 
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.
(1) 
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.
(2) 
The 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.
(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.
(b) 
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's regional office.
C. 
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 information from other federal, state, or other acceptable sources 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.
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.
D. 
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.
E. 
Community-Identified Flood Hazard Areas shall be those areas where West Norriton 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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
The Floodplain Conservation District may be revised or modified by the Board of Commissioners of West Norriton Township where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, West Norriton Township shall notify FEMA of the changes by submitting technical or scientific data.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the West Norriton Township Zoning Officer, and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board as provided in Chapter 27, Part 18, of the West Norriton Township Code. The burden of proof shall be on the appellant.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, West Norriton Township shall review flood hazard data affecting the lands subject to boundary changes. West Norriton Township 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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
The following uses are permitted by right in the Floodplain Conservation District in compliance with the requirements of this Part:
A. 
Up to half of any required yard setback area on an individual residential lot may extend into the Floodplain Conservation District.
B. 
Open space uses that are primarily passive in character shall be permitted to extend into the floodplain, including:
(1) 
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation.
(2) 
Streambank stabilization.
C. 
Forestry operations reviewed by the Montgomery County Conservation District.
D. 
The following floodplain crossings are permitted, provided disturbance to any existing woodlands and degradation of water quality are minimized to the greatest extent practicable:
(1) 
Agricultural crossings by farm vehicles and livestock.
(2) 
Driveways serving single-family detached dwelling units, roadways, recreational trails, railroads, and utilities.
E. 
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. If any part of the Code of West Norriton Township conflicts with this provision, the more-restrictive regulation shall apply.
F. 
Public sewer and/or water lines and public utility transmission lines running along the corridor.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
Any use or activity not authorized within § 27-2213 herein shall be prohibited within the Floodplain Conservation District, and the following activities and facilities are specifically prohibited:
A. 
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.
B. 
New construction of buildings or placement of fill within the one-hundred-year floodplain is prohibited.
C. 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse.
D. 
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 27-2213 herein and where the effects of these actions are mitigated by reestablishment of vegetation.
E. 
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards.
F. 
Roads or driveways, except where permitted as corridor crossings in compliance with § 27-2213 herein.
G. 
Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.
H. 
Parking lots.
I. 
Subsurface sewage disposal areas.
J. 
Sod farming.
K. 
Stormwater basins, including necessary berms and outfall facilities.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
The provisions of this Part 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 § 27-2216 of this Part, and § 27-1401, Nonconforming Building or Use, shall apply.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
The following provisions shall apply whenever any improvement is made to an existing structure located within any Floodplain Conservation District:
A. 
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the base flood elevation.
B. 
No expansion or enlargement of an existing structure shall be allowed within any AE Area/District with floodway, as defined in § 27-2209, Subsection 1B, that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C. 
No expansion or enlargement of an existing structure shall be undertaken in the direction of the streambank.
D. 
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 Part.
E. 
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement, as defined in this Part, 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.
F. 
The above activity shall also address the requirements of 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
G. 
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 Part, unless this provision constitutes a taking of the structure or property.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
If compliance with any of the requirements of this Part would result in an exceptional hardship to a prospective builder, developer or landowner, West Norriton Township may, upon request, grant relief from the strict application of the requirements.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
For a use other than those permitted in § 27-2213, 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 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 § 27-2230 (pertaining to special technical requirements for activities requiring a special permit) or to development which may endanger human life (§ 27-2225, Subsection 1).
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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:
A. 
Be placed on a permanent foundation.
B. 
Be elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above the base flood elevation.
C. 
Be 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 manufacturer's 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, shall apply and 34 Pa. Code, Chapters 401-405.
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 manufacturer's standards for anchoring cannot be provided or were not established for the proposed installation.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
Recreational vehicles in the AE Area must either:
A. 
Be on the site for fewer than 180 consecutive days; and
B. 
Be fully licensed and ready for highway use; or
C. 
Meet the permit requirements for manufactured homes in § 27-2220.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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.
3. 
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant, in writing, that:
A. 
The granting of the variance may result in increased premium rates for flood insurance.
B. 
Such variances may increase the risks to life and property.
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 this chapter 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 this chapter 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:
(1) 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;
(2) 
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
5. 
A complete record of all variance requests and related actions shall be maintained by West Norriton Township. In addition, a report of all variances granted during the year shall be included in the biennial report to FEMA.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
In granting any variance, West Norriton 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.
A. 
Pertaining to the Alteration or Relocation of a Watercourse:
(1) 
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's regional office.
(2) 
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.
(3) 
In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
B. 
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:
(1) 
Any development that causes a rise in the base flood elevations within the floodway; or
(2) 
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
(3) 
Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges).
C. 
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 Part 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's regional office.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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 401-405, 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 § 27-2209, Subsection 1C, of this Part.
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 401-405, 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:
(1) 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
(2) 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
B. 
In A Zones, where there 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 § 27-2209, Subsection 1C, of this Part.
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, and ASCE 24 and 34 Pa. Code (Chapters 401-405, 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) 
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 100 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) 
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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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 1 above shall be prohibited within any floodway area. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection 1 above shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and shall be built in accordance with § 27-2224 above.
3. 
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection 1 above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
4. 
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in Subsection 1 above shall be built in accordance with § 27-2224, including:
A. 
Elevated, or designed and constructed to remain completely dry, up to at least 1 1/2 feet above base flood elevation; and
B. 
Designed to prevent pollution from the structure or activity during the course of a base flood.
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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
The following minimum standards shall apply for all construction and development proposed within any Floodplain Conservation District:
A. 
Fill. If fill is used, it shall:
(1) 
Extend laterally at least 15 feet beyond the building line from all points;
(2) 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
(3) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(4) 
Be no steeper than one vertical to two horizontal 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.
B. 
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.
C. 
Water and Sanitary Sewer Facilities and Systems.
(1) 
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.
(2) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) 
No part of any on-site sewage system shall be located within any 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.
(4) 
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.
D. 
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.
E. 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F. 
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 § 27-2225, Subsection 1, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G. 
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.
H. 
Anchoring.
(1) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I. 
Floors, Walls and Ceilings.
(1) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(2) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(4) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
J. 
Paints and Adhesives.
(1) 
Paints and other finishes used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.
(2) 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
K. 
Electrical Components.
(1) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. 
Equipment.
(1) 
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.
M. 
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.
N. 
Uniform Construction Code Coordination.
(1) 
The standards and specifications contained in 34 Pa. Code (Chapters 401-405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this Part, to the extent that they are more restrictive and/or supplement the requirements of this Part:
(a) 
International Building Code (IBC) 2006, or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b) 
International Residential Building Code (IRC) 2006, or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
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 Subsection 1A and B below shall be prohibited within any Floodplain Conservation District unless a special permit has been issued by West Norriton Township. In order to apply for a special permit, a variance must first be obtained, as outlined in §§ 27-2218 through 27-2226 of this Part.
A. 
The commencement of any of the following activities, or the construction enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
(1) 
Hospitals.
(2) 
Nursing homes.
(3) 
Jails or prisons.
B. 
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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
Applicants for special permits shall provide five copies of the following items:
A. 
A written request, including a completed special permit application form.
B. 
A small scale map showing the vicinity in which the proposed site is located.
C. 
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) 
Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet;
(3) 
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
(4) 
The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
(5) 
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;
(6) 
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;
(7) 
The location of all proposed buildings, structures, utilities, and any other improvements; and
(8) 
Any other information which the municipality considers necessary for adequate review of the application.
D. 
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale, showing the following:
(1) 
Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;
(2) 
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;
(3) 
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood elevation;
(4) 
Detailed information concerning any proposed floodproofing measures;
(5) 
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;
(6) 
Profile drawings for all proposed streets, drives, and vehicular accessways, including existing and proposed grades; and
(7) 
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
E. 
The following data and documentation:
(1) 
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;
(2) 
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;
(3) 
A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a base flood elevation, including a statement concerning the effects such pollution may have on human life;
(4) 
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;
(5) 
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;
(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;
(8) 
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
(9) 
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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
Upon receipt of an application for a special permit by West Norriton Township, the following procedures shall apply in addition to those of §§ 27-2230 through 27-2241:
A. 
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Montgomery County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the West Norriton Township Planning Commission and West Norriton Township Engineer for review and comment.
B. 
If an application is received that is incomplete, West Norriton Township shall notify the applicant, in writing, stating in what respect the application is deficient.
C. 
If West Norriton Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
D. 
If West Norriton Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Pennsylvania Department of Community and Economic Development, by registered or certified mail, within five working days after the date of approval.
E. 
Before issuing the special permit, West Norriton Township shall allow the Pennsylvania Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and decision made by West Norriton Township.
F. 
If West Norriton Township does not receive any communication from the Pennsylvania Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.
G. 
If the Pennsylvania Department of Community and Economic Development should decide to disapprove an application, it shall notify West Norriton Township and the applicant, in writing, of the reasons for the disapproval, and West Norriton Township shall not issue the special permit.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
In addition to the requirements of §§ 27-2222 through 27-2226 of this Part, 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 located elsewhere in this Part 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 West Norriton Township and the Pennsylvania Department of Community and Economic Development.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
The Zoning Officer of West Norriton Township is hereby appointed to administer and enforce this Part and is referred to herein as the "floodplain administrator."
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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 §§ 27-2227 through 27-2230.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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 Part 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.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
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 to enter any building, structure, premises or development in the Floodplain Conservation District, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Part.
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 Board of Commissioners for whatever action it considers necessary.
7. 
The floodplain administrator shall maintain in perpetuity all records associated with the requirements of this Part, including, but not limited to, permitting, inspection and enforcement.
8. 
The floodplain administrator shall consider the requirements of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions thereof.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
Application for the required permit shall be made, in writing, to the floodplain administrator on forms supplied by West Norriton Township. Such application shall contain the following:
A. 
Name and address of the applicant.
B. 
Name and address of the owner of the land on which proposed construction is to occur.
C. 
Name and address of the 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 Part 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, and 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, 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, the Floodplain Conservation District, 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 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 2006 IBC or the 2006 IRC.
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 § 27-2226, Subsection 1F, Storage, and § 27-2225, Development Which May Endanger Human Life, including:
(a) 
The amount, location and purpose of any materials or substances referred to in §§ 27-2225 and 27-2226, Subsection 1F, which are intended to be used, produced, stored or otherwise maintained on site.
(b) 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 27-2225 during a base flood.
(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 administrator.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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 the floodplain administrator for consideration.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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 and the date of its issuance and be signed by the floodplain administrator.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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 § 27-2207 of this Part.
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.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
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 Part, 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 the Commonwealth of Pennsylvania; and
E. 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Part.
2. 
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this Part or who fails or refuses to comply with any notice, order or direction of the floodplain administrator or any other authorized employee of the municipality shall pay a fine to West Norriton Township in accordance with the provisions of § 27-2004 of the West Norriton Township Code. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this Part. The imposition of a fine or penalty for any violation of, or noncompliance with, this Part shall not excuse the violation or noncompliance or permit it to continue, and 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 Part may be declared by the Board of Commissioners to be a public nuisance and abatable as such.
[Ord. 524, 12/31/1991; as amended by Ord. 2016-700, 3/8/2016]
1. 
Any person aggrieved by any action or decision of the floodplain administrator concerning the administration of the provisions of this Part 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 Municipalities Planning Code[1] and any other local ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
3. 
Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of the Commonwealth of Pennsylvania, including the Pennsylvania Flood Plain Management Act.[2]
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
[Added by Ord. 09-639, 5/12/2009]
1. 
Legislative Intent. In expansion of § 27-101, Purposes, of this chapter, it is the intent of this section to provide reasonable controls governing the conservation, disturbance and management of existing riparian corridors by establishing designated riparian corridor protection. In addition, the specific purposes and intent of this section are to:
A. 
Reduce the amount of nutrients, sediment, organic matter, pesticides and other harmful substances that reach watercourses, wetlands, and subsurface and surface water bodies by using filtration, deposition, absorption, plant uptake and denitrification and by improving infiltration, encouraging sheet flow and stabilizing concentrated flows.
B. 
Improve and maintain the safety, reliability and adequacy of the water supply for domestic, agricultural, commercial, industrial and recreational uses along with sustaining diverse populations of aquatic flora and fauna.
C. 
Regulate the land use, siting and engineering of all development to be consistent with accepted conservation practices and to preserve existing natural resources.
D. 
Assist in the implementation of pertinent state laws concerning erosion and sediment control practices, specifically erosion control, of the Pennsylvania Clean Streams Law and any subsequent amendments thereto.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
E. 
Conserve the natural features important to land or water resources (e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, prime wildlife habitats) and other features of high value.
F. 
Work with floodplain ordinances that regulate environmentally sensitive areas to minimize hazards to life, property and riparian features.
2. 
Prohibited Uses and Activities. No permitted use, use permitted by special exception, or any other use that may be authorized, including a use authorized by variance, shall result in the following activities within 75 feet from the top of bank of an adjoining stream, creek, water body, or watercourse identified on the Riparian Corridor Map, except in connection with a use permitted in § 27-2292, Subsection 2.1:
[Amended Ord. 2014-686, 7/14/2015]
A. 
Filling, grading, excavation or dumping of natural materials.
B. 
Plowing or tilling of the soil.
C. 
Pasturing or concentrated animal operation.
D. 
The removal or disturbance of existing vegetation, unless directly in connection with an approved reforestation plan which shall be on file and subject to the approval of the Township.
E. 
Forestry activities.
F. 
Paving or the operation of motor or wheeled vehicle traffic or machinery that would result in compaction or the increase of the impervious characteristics of the soil.
G. 
Storage of any hazardous or noxious materials.
H. 
Dumping of man-made materials.
I. 
Use of fertilizers, pesticides, herbicides and/or other chemicals in a manner not prescribed by industry standards or as may be recommended by the Montgomery County Conservation District.
2.1. 
Uses permitted in the Riparian Corridor. The following uses are permitted, either by right or as a conditional use in the Riparian Corridor:
[Added by Ord. 2014-686, 7/14/2015]
A. 
Zone One. Shall occupy the initial 25 feet measured outward and horizontally from each top of bank of a mapped waterway. Where an edge is not present then it shall be dimensioned from the center line of the waterway.
(1) 
Uses Permitted by Right. Open spaces uses that are primarily passive in character shall be permitted to extend into the area defined as Zone One, including:
(a) 
Wildlife, sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation.
(b) 
Streambank stabilization.
(c) 
Corridor crossings by livestock.
(d) 
Property owners are permitted removal of select trees that pose an immediate risk of property or life so long as not more than 1,000 square feet of lot area is disturbed. Trees shall be replaced using the following standards, or a similar standard deemed appropriate by the Board of Supervisors based on the advice of a professional silviculturist or forestry professional:
1) 
At least one tree shall be planted for every 225 square feet of disturbance. Replacement trees shall be spaced no less than 15 feet on center.
2) 
Replacement trees shall be native species, between one inch and two inches caliper.
(2) 
Uses permitted by conditional use.
(a) 
Corridor crossings of the following: recreational trails, roads, railroads, centralized sewer and/or water lines, and public utility transmission lines.
(b) 
Selective cutting of trees when part of a forestry operation that adheres to sound silvicultural principles. Trees shall be replaced using the following standards, or a similar standard deemed appropriate by the Board of Supervisors based on the advice of a professional silviculturist or forestry professional:
1) 
At least one tree shall be planted for every 225 square feet of disturbance. Replacement trees shall be spaced no less than 15 feet on center.
2) 
Replacement trees shall be native species, between one inch and two inches caliper.
B. 
Zone Two. Shall begin at the outer edge of Zone One and occupy the balance of the area designated within the Riparian Corridor.
(1) 
Uses Permitted by Right. The following uses, which are primarily passive in character, shall be permitted by right to extend into the area defined as Zone Two:
(a) 
Open space uses, including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails conducted in compliance with methods prescribed by Chapter 102 (Erosion Control) of Title 25 of the Pennsylvania Administrative Code.
(b) 
Reforestation.
(c) 
Minimum required front, side, and rear yards on private lots, provided that no yard may extend into Zone Two more than half the distance between the outer boundaries of Zone One and Zone Two.
(d) 
Agricultural uses existing at the time of adoption of this chapter, so long as they are conducted in compliance with methods prescribed by Chapter 102 (Erosion Control) of Title 25 of the Pennsylvania Administrative Code.
(e) 
Corridor crossings by livestock.
(f) 
Property owners are permitted to remove trees as part of normal property maintenance so long as not more than 1,000 square feet of lot area is disturbed. Trees shall be replaced using the following standards, or a similar standard deemed appropriate by the Board of Supervisors based on the advice of a professional silviculturist or forestry professional:
1) 
At least one tree shall be planted for every 225 square feet of disturbance. Replacement trees shall be spaced no less than 15 feet on center.
2) 
Replacement trees shall be native species, between one inch and two inches caliper.
(2) 
Uses permitted by conditional use.
(a) 
New agricultural uses in compliance with methods prescribed by Chapter 102.4(b) of Title 25 of the Pennsylvania Administrative Code.
(b) 
Corridor crossings of the following: roads, railroads, centralized sewer and/or water lines, and public utility transmission lines.
(c) 
Centralized sewer and/or water lines and public utility transmission lines running along the corridor. These lines shall be located as far from Zone One as practical.
(d) 
Selective cutting of trees when part of a forestry operation that adheres to sound silvicultural principles. Trees shall be replaced using the following standards, or a similar standard deemed appropriate by the Board of Supervisors based on the advice of a professional silviculturist or forestry professional:
1) 
At least one tree shall be planted for every 225 square feet of disturbance. Replacement trees shall be spaced no less than 15 feet on center.
2) 
Replacement trees shall be native species, between one inch and two inches caliper.
(e) 
Passive use areas such as camps, campgrounds, picnic areas, and golf courses. Active recreation areas such as ballfields, playgrounds, and courts provided these uses are designed in a manner that will not permit concentrated flow.
(f) 
Naturalized Stormwater Basins. The entire basin shall be located a minimum of 50 feet from the defined edge of identified watercourses.
3. 
Establishment and determination of Riparian Corridors.
A. 
Reference is made to the Riparian Corridor Map which shall be on file with the Township Code Enforcement Office and is adopted and made a part of these regulations by reference.
B. 
The riparian corridor protection shall apply to the following mapped streams, creeks, water bodies or watercourses along only those sections which contain a mapped FEMA floodplain boundary:
(1) 
The Indian Creek, along with the Indian Creek Branch and an unnamed tributary.
(2) 
The Stony Creek.
(3) 
The Kepner Creek along with Tributary No. 1 to Kepner Creek, Tributary No. 1 to Tributary No. 1 to Kepner Creek, Tributary No. 2 to Kepner Creek, the Markleys Pond Tributary to Kepner Creek and two unnamed tributaries.
4. 
Nonconforming Structures and Uses. Nonconforming structures and uses of land within the riparian corridor protection area shall be regulated under the provisions of Part 14, § 27-1401, herein. The following additional regulations also shall apply:
A. 
Existing nonconforming structures or uses that are not permitted may be continued but shall not have the existing building or structure footprint or uses expanded or enlarged.
B. 
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian corridor protection as measured against the prohibited uses and activities than the existing or former nonconforming use.