[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:
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.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year. The BFE is also shown
on the FIS profile and can be determined for Zone A floodplains.
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, subdivision of land; construction,
reconstruction, renovation, repair, expansion, or alteration of buildings
or other structures; the placement of manufactured homes; streets
and other paving; utilities; fill; grading and excavation; mining;
dredging; drilling operations; or storage of equipment or materials.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
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 Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood;
now referred to as the "AE Zone."
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 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;
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
Designated as historic by a municipal ordinance:
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code; or
Located in a local historic district that has been certified
by the Pennsylvania Historical and Museum Commission as meeting the
requirement of the Pennsylvania Historic District Act.[1]
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this Part.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety; nor shall
minor repairs include any work that only affects the interior portions
of a structure.
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.
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 West Norriton Township.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after 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 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.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
The areas identified as Zone AE in the Flood Insurance Study,
where one-hundred-year flood elevations have been provided, but no
floodway has been delineated.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion, of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit, unless a time extension is granted, in
writing, by the floodplain administrator. The "actual start" means
either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines, for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or 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, 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.
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.
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.
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:
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]
[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.
[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]
[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.
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:
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:
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.
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.
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.
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:
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)
(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.
[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.
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:
(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:
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:
(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:
(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.
