The Resource Protection Map is included and incorporated as part of this chapter.[1] The map identifies National Register Historic Districts, the local Town Center Historic District administered by the West Chester Historical and Architectural Review Board, the Historic Carriage House inventory as identified in the 2000 West Chester Comprehensive Plan, Borough parks and the FEMA Flood Hazard area with 1% chance of flooding.
[1]
Editor's Note: Said map is included in the online version of the Code of Borough of West Chester (eCode360®). Said map is also on file in the Borough offices.
All floodplain regulations have been established and adopted by the Borough pursuant to the Borough's Floodplain Ordinance, which is available on the Borough's website and available to the public for review at Borough Hall. (The floodplain regulations are set forth in § 112-503 below.)
All projects shall respect the historic integrity of the Borough's historic resources.
A. 
Downtown Historic District (HARB). The district boundary was originally established using the boundaries of the Downtown National Register Historic District. The boundaries were subsequently expanded to include the 200 block of West Market Street and the unit block of North New Street. All projects in the Downtown Historic District are under the purview of the Historic and Architectural Review Board (HARB). Both the district and the HARB were created by ordinance according to the provisions of the Pennsylvania Historic District Act 167 of 1961.[1] (The Historic District regulations are set forth in § 112-504 below.)
[1]
Editors Note: See 53 P.S. § 8001 et seq.
B. 
National Register Historic Districts. There are three Historic Districts listed on the National Register of Historic Places, which is administered by the National Park Service. Projects that include income-producing historic resources within this district may be eligible for an investment (income) tax credit. With the exception of the Downtown National Register Historic District, which is entirely within the local HARB District, there is no specific local design review for projects in these districts. However, all applicants are encouraged to respect the historic and architectural integrity of historic resources in these districts.
(1) 
Downtown Historic District. This district is within the HARB District and includes most of the Town Center Business District.
(2) 
West Chester (Boundary Increase) Historic District. This district was established as an expansion of the Downtown Historic District, which it surrounds but technically does not include.
(3) 
West Chester State College Quadrangle Historic District. This was the first National Register Historic District established in the Borough.
C. 
Historic Carriage House Inventory. This inventory of historic carriage houses was prepared as part of the 2000 West Chester Comprehensive Plan. It was developed using the 1909 Sandborn Insurance Maps for West Chester to map historic carriage houses and then field verified to photograph and document those that survived. These carriage houses are eligible to be developed as part of the historic carriage house adaptive reuse provisions of this chapter. (The historic carriage house regulations are set forth in § 112-505 below.)
The General Assembly 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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A. 
Intent. The intent of this section is to:
(1) 
Promote the general health, welfare, and safety of the community.
(2) 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(3) 
Minimize danger to public health by protecting the water supply and natural drainage.
(4) 
Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing excessive development in areas subject to flooding.
(5) 
Comply with federal and state floodplain management requirements.
B. 
Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the identified floodplain area of the Borough unless a permit has been obtained from the Floodplain Administrator.
C. 
Abrogation and greater restrictions. The provisions of this section supersede any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this section, the more restrictive shall apply.
D. 
Warning and disclaimer of liability.
(1) 
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages.
(2) 
This section shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
A. 
Designation of the Floodplain Administrator.
(1) 
The Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator may:
(a) 
Fulfill the duties and responsibilities set forth in these regulations:
(b) 
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
(c) 
Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the Borough of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(2) 
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Borough Manager.
B. 
Permits required. A permit shall be required before any construction or development is undertaken within any identified floodplain area of the Borough.
C. 
Duties and responsibilities of the Floodplain Administrator.
(1) 
The Floodplain Administrator shall issue a permit (as hereinafter described) only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this section 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 permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the preimprovement market value of the structure so that a substantial improvement/substantial damage determination can be made, in accordance with FEMA's Substantial Improvement/Substantial Damage Desk Reference.
(4) 
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(5) 
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area upon presentation of proper credentials at any reasonable hour to enforce the provisions of this article.
(6) 
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Borough Council for whatever action it considers necessary.
(7) 
The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this article, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(8) 
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program, as requested.
(9) 
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in this section as the Floodplain Administrator/Manager.
(10) 
The Floodplain Administrator shall consider the requirements of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision thereof, as adopted by the Commonwealth of Pennsylvania.
D. 
Application procedures and requirements.
(1) 
Application for a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Borough. Such application shall contain the following:
(a) 
Name and address of applicant.
(b) 
Name and address of owner of land on which proposed construction is to occur.
(c) 
Name and address of contractor.
(d) 
Site location, including address.
(e) 
Listing of other permits required.
(f) 
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred, where appropriate.
(g) 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(2) 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(a) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this chapter 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 flotation, collapse, or lateral movement;
(e) 
Building materials are flood-resistant;
(f) 
Appropriate practices that minimize flood damage have been used; and
(g) 
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(3) 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
(a) 
A completed permit application form.
(b) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
[1] 
North arrow, scale, and date;
[2] 
Topographic contour lines, if available;
[3] 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[4] 
The location of all existing streets, drives, and other accessways; and
[5] 
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway and the flow of water, including direction and velocities.
(c) 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
[1] 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
[2] 
The elevation of the base flood;
[3] 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC, or the latest revision thereof, as adopted by the Commonwealth of Pennsylvania.
(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.
[3] 
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a floodway area will not increase the base flood elevation at any point.
[4] 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
[5] 
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[6] 
Detailed information needed to determine compliance with subsequent provisions of this article governing storage of materials and development which may endanger human life, including:
[a] 
The amount, location and purpose of any dangerous materials or substances referred to in subsequent sections of this § 112-503 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, as listed in subsequent sections of this article, during a base flood.
[7] 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[8] 
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
(4) 
Applications for permits shall be accompanied by a fee, payable to the Borough, based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
E. 
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment.
F. 
Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Floodplain Administrator for consideration.
G. 
Placards. In addition to the permit, the Floodplain Administrator shall issue a placard, or similar document, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the Floodplain Administrator.
H. 
Start of construction.
(1) 
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the permit. Work shall also 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 issuance of a development permit does not refer to the zoning approval.
(2) 
The "actual start of construction" means either the first placement of permanent construction of a structure on a site, such as the pouring of the 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.
(3) 
Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request, and the original permit is compliant with this chapter and FIRM/FIS in effect at the time the extension is granted.
I. 
Enforcement and penalties. Any person who fails to comply with any or all of the requirements or provisions of this § 112-503 or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the Borough shall be subject to the procedures, enforcement action, fines and/or penalties as set forth in this chapter.
J. 
Appeals.
(1) 
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this article may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.
(2) 
Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code[4] and this chapter.
[4]
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 this state, including the Pennsylvania Flood Plain Management Act.[5]
[5]
Editor's Note: See 32 P.S. § 679.101 et seq.
A. 
Identification.
(1) 
The identified floodplain area shall be:
(a) 
Any areas of the Borough of West Chester, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all digital data developed as part of the flood insurance.
(2) 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the Borough and declared to be a part of this chapter.
B. 
Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(1) 
The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
(a) 
Within any Floodway Area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Borough during the occurrence of the base flood discharge.
(b) 
Within any Floodway Area, no new construction or development shall be allowed unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
(2) 
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(a) 
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
(b) 
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.
[1] 
No encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted in an AE Zone without floodway unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development, together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of the base flood discharge.
[2] 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
(3) 
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
(4) 
The AO and AH 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 1% annual chance shallow flooding where average depths are between one foot and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
(5) 
In the absence of an identified floodplain area as delineated by FEMA, or in the case where certain areas were not included with the scope of the FIS, the identified floodplain area, at a minimum, shall include a presumption that land adjoining any watercourse as defined by the Pennsylvania Department of Environmental Protection's Chapter 105 regulations and/or as shown on the most recent United States Geological Survey Quadrangle, or that land adjoining any ponds or lakes with an area of one acre or more, where said land is within 50 feet of the banks thereof. The applicant shall have the right to rebut this presumption by submission of a site-specific flood study using generally accepted methodology to demonstrate that the calculated floodplain adjacent to such watercourse is narrower than the fifty-foot presumption.
(6) 
In lieu of the above various methods and studies, the Borough 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 Borough. In the absence of any of the above data or documentation, the Borough may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.
C. 
Changes in identification of area. The identified floodplain area may be revised or modified by the Borough Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Borough shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.
D. 
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Borough, and any party aggrieved by this decision or determination may appeal to the Borough Zoning Hearing Board. The burden of proof shall be on the appellant.
E. 
Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Borough shall review flood hazard data affecting the lands subject to boundary changes. The Borough shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those federal regulations, as set forth in 44 CFR 60.3.
A. 
General.
(1) 
Alteration or relocation of watercourse:
(a) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough and until all required permits or approvals have first been obtained from the Department of Environmental Protection's regional office.
(b) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
(c) 
In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(2) 
When the Borough proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; or any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or alteration or relocation of a stream (including, but not limited to, installing culverts and bridges), the applicant shall (as per 44 CFR 65.12):
(a) 
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
(b) 
Upon receipt of the FEMA Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
(c) 
Upon completion of the proposed encroachments, the applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
(3) 
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this article and any other applicable codes, ordinances and regulations.
(4) 
Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(5) 
Uses permitted by right. The following uses are permitted within the identified floodplain area, provided they are conducted in accordance with the Clean Streams Law of Pennsylvania, Act 347 of 1937, as amended,[1] the rules and regulations of the Pennsylvania Department of Environmental Protection, all other applicable provisions of this article, and other local, state and federal regulations:
(a) 
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(b) 
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking trails, wildlife and nature preserves, fish hatcheries and fishing areas.
(c) 
An area comprising no more than 3/4 of the required minimum lot area for any lot contiguous to the floodway, provided that no buildings or septic tank filter fields shall be placed within 50 feet of the floodway boundary line.
(d) 
Accessory uses customarily incidental to any of the foregoing, except parking and other impervious surfaces as provided in this section.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(6) 
Special exception uses. The following uses may be permitted within the identified floodplain area upon the issuance of a special exception by the Zoning Hearing Board, as provided in this § 112-503 and Article XI of this chapter, provided they are conducted in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 347 of 1937, as amended,[2] the rules and regulations of the Pennsylvania Department of Environmental Protection, all other applicable provisions of this chapter, and other local, state and federal regulations. In issuing any special exception approval, the Zoning Hearing Board shall evaluate the application to ensure compliance with this § 112-503.5, and may attach such reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary for the following uses:
(a) 
Parking and other impervious uses accessory to uses permitted by right.
(b) 
Utilities and public facilities and improvements, including railroads, streets, bridges, transmission lines and pipelines, sealed water supply wells and water pipelines.
(c) 
Water-related uses and activities, including marinas, docks, wharves and piers.
(d) 
Temporary uses, such as circuses, carnivals and similar activities.
(e) 
Storm and sanitary sewer outlets which take the shortest route across the district to the point of discharge.
(f) 
Dams, culverts, impoundment basins and soil and sedimentary control structures.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements shall comply with the following provisions:
(1) 
Residential structures.
(a) 
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(b) 
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated up to, or above, the regulatory flood elevation determined in accordance with this section.
(c) 
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including the basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
(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 latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized where they are more restrictive.
(2) 
Nonresidential structures.
(a) 
In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including the 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 no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with this § 112-503.
(c) 
In AO Zones, any new construction or substantial improvement shall have its lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
(d) 
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. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.
(e) 
Any nonresidential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:
[1] 
An inspection and maintenance plan detailing the annual maintenance of floodproofed components, ensuring that all components will operate properly under flood conditions. Components that must be inspected include, at a minimum:
[a] 
Mechanical equipment, such as sump pumps and generators;
[b] 
Flood shields and closures;
[c] 
Walls and wall penetrations; and
[d] 
Levees and berms (as applicable).
[2] 
A flood emergency operation plan detailing the procedures to be followed during a flooding event, which must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:
[a] 
An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.
[b] 
A procedure for notification of necessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties under the plan.
[c] 
A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.
[d] 
An evacuation plan for all personnel or occupants — both those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.
[e] 
A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community officials.
(f) 
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 latest revision thereof, as adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized, where they are more restrictive.
(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 installed on two separate walls.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(4) 
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this article must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
(5) 
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry but shall comply, at a minimum, with the following requirements:
(a) 
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles or to the storage of tools, material, and equipment related to the principal use or activity.
(b) 
Floor area shall not exceed 200 square feet.
(c) 
The structure will have a low damage potential.
(d) 
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(e) 
Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
(f) 
Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited.
(g) 
Sanitary facilities are prohibited.
(h) 
The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1] 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(i) 
For accessory structures that exceed 200 square feet in area (footprint) and that are below the base flood elevation, a variance is required. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
(j) 
Storage of hazardous or dangerous materials, as hereinafter described, in accessory structures is prohibited.
C. 
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(1) 
Fill. Within any identified floodplain area, the use of fill shall be prohibited. No variance shall be granted.
(2) 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(3) 
Water and sanitary sewer facilities and systems:
(a) 
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c) 
No part of any on-site waste disposal system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d) 
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages," and the "International Private Sewage Disposal Code" shall be utilized.
(4) 
Other utilities. All other utilities, such as gas lines and electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6) 
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not otherwise listed as prohibited by this article, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(7) 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(8) 
Anchoring:
(a) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(9) 
Floors, walls and ceilings:
(a) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(b) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(d) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(10) 
Paints and adhesives:
(a) 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(b) 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c) 
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
(11) 
Electrical components:
(a) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(b) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(12) 
Equipment:
(a) 
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 and shall be anchored to resist flotation, collapse, and lateral movement.
(b) 
Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water-resistant.
(13) 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(14) 
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 through 405), as amended, and not limited to the following provisions, shall apply to the above and other sections and subsections of this article, to the extent that they are more restrictive and supplement the requirements of this article:
(a) 
International Building Code (IBC) 2009, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b) 
International Residential Building Code (IRC) 2009, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Sections R104, R105, R109, R322, Appendix E, and Appendix J.
D. 
Development which may endanger human life. Within any identified floodplain area, any structure of the kind described below shall be prohibited. If a variance is obtained in accordance with the required criteria, then the following provisions apply:
(1) 
In accordance with the Pennsylvania Flood Plain Management Act,[3] 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.
[3]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2) 
Within any floodway area, any structure of the kind described above shall be prohibited. Where permitted by variance within any identified floodplain area, any new or substantially improved residential structure of the kind described in the section above shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with the technical provisions of this section as set forth in this article.
(3) 
Where permitted by variance within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in the section above shall be built in accordance with the technical provisions of this section and including the following:
(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.
E. 
Special requirements for subdivisions and development. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.
F. 
Special requirements for manufactured homes:
(1) 
Within any identified floodplain area, manufactured homes shall be prohibited. If a variance is obtained, then the provisions below shall apply.
(2) 
Where permitted within any identified floodplain area by variance, all manufactured homes, and any improvements thereto, shall be:
(a) 
Placed on a permanent foundation;
(b) 
Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation; and
(c) 
Anchored to resist flotation, collapse, or lateral movement.
(3) 
Equipment requirement:
(a) 
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 and shall be anchored to resist flotation, collapse, and lateral movement.
(b) 
Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water-resistant.
(4) 
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturers. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 "International Residential Building Code" or the U.S. Department of Housing and Urban Development's "Permanent Foundations for Manufactured Housing," 1984 Edition, draft or latest revision thereto, and 34 Pa. Code Chapters 401 through 405 shall apply.
(5) 
Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the latest revision thereto as adopted by the Commonwealth of Pennsylvania, and 34 Pa. Code, as amended, where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed unit's installation.
G. 
Special requirements for recreational vehicles. Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with required criteria, then the following provisions apply:
(1) 
Recreational vehicles in Zones A, A1-30, AH and AE 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.
A. 
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Floodplain Administrator under the authority of the Borough:
(1) 
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:
(a) 
Hospitals.
(b) 
Nursing homes.
(c) 
Jails or prisons.
(2) 
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Application requirements for special permits. Applicants for special permits shall provide five copies of the following items:
(1) 
A written request including a completed permit application form.
(2) 
A small-scale map showing the vicinity in which the proposed site is located.
(3) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a) 
North arrow, scale and date;
(b) 
Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet;
(c) 
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
(d) 
The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
(e) 
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development;
(f) 
The location of the floodplain boundary line, information and spot elevations concerning the base flood elevation, and information concerning the flow of water, including direction and velocities;
(g) 
The location of all proposed buildings, structures, utilities, and any other improvements; and
(h) 
Any other information which the municipality considers necessary for adequate review of the application.
(4) 
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
(a) 
Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;
(b) 
For any proposed building, the elevation of the lowest floor (including the basement) and, as required, the elevation of any other floor;
(c) 
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood;
(d) 
Detailed information concerning any proposed floodproofing measures, including the flood emergency operation plan and the inspection and maintenance plan;
(e) 
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;
(f) 
Profile drawings for all proposed streets, drives, and vehicular accessways, including existing and proposed grades; and
(g) 
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
(5) 
The following data and documentation:
(a) 
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents;
(b) 
Certification from a registered professional engineer that the proposed construction has been adequately designed to protect against damage from the base flood;
(c) 
A statement, certified by a registered professional engineer, 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, including a statement concerning the effects such pollution may have on human life;
(d) 
A statement certified by a registered professional engineer, which contains a complete and accurate description of the effects the proposed development will have on base flood elevation and flows;
(e) 
A statement, certified by a registered professional engineer, 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 and flows;
(f) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development";
(g) 
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control;
(h) 
Any other applicable permits, such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166;[2] and
[2]
Editor's Note: See 32 P.S. § 679.302.
(i) 
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
C. 
Application review procedures. Upon receipt of an application for a special permit by the Floodplain Administrator, the following procedures shall apply in addition to those required as part of the floodplain permitting process set forth in the Administration section of this section:
(1) 
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Borough Planning Commission and the Borough Engineer for review and comment.
(2) 
If an application is received that is incomplete, the Borough shall notify the applicant, in writing, stating in what respect the application is deficient.
(3) 
If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4) 
If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered or certified mail, within five working days after the date of approval.
(5) 
Before issuing the special permit, the Borough shall allow the Department of Community and Economic Development 30 days after receipt of the notification by the Department to review the application and decision made by the Borough.
(6) 
If the Borough does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.
(7) 
If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue the special permit.
D. 
Special technical requirements.
(1) 
In addition to the technical provisions previously set forth in this section, the following minimum requirements shall also apply to any proposed development requiring a special permit. It there is any conflict between the preceding technical provisions and those set forth below 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 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 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.
(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 the Borough and the Department of Community and Economic Development.
A. 
Existing structures. The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions in the following section shall be applicable to such improvements in the identified floodplain area.
B. 
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1) 
No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District that would cause any increase in BFE.
(2) 
No expansion or enlargement of an existing structure shall be allowed within AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this article.
(4) 
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC, or most recent revision thereof as adopted by the Commonwealth of Pennsylvania.
(5) 
Within any Floodway Area/District, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
(6) 
Within any AE Area/District without floodway, 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.
A. 
General. If compliance with any of the requirements of this section would result in an exceptional hardship to a property or prospective builder, developer or landowner, the Borough Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
B. 
Variance procedures and conditions.
(1) 
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Article XI of this chapter and the following:
(a) 
No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.
(b) 
No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c) 
No variances shall be granted for a proposed accessory structure that exceeds 600 square feet in size. A signed nonconversion agreement is required as a condition of receiving the variance.
(d) 
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit or to development which may endanger human life, as set forth in preceding sections of this section
(e) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(f) 
In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this article.
(g) 
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant, in writing, that:
[1] 
The granting of the variance may result in increased premium rates for flood insurance.
[2] 
Such variances may increase the risks to life and property.
(h) 
In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
[1] 
That there is good and sufficient cause.
[2] 
That failure to grant the variance would result in exceptional hardship to the applicant.
[3] 
That the granting of the variance will neither:
[a] 
Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
[b] 
Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(i) 
A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.
(2) 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.
A. 
General. Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give this article its most reasonable application.
B. 
Specific definitions. As used in this section, the following terms shall have the meanings indicated:
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 1% chance of being equaled or exceeded in any given year (also called the "100-year flood" or "1% annual chance flood").
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
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.
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
A form signed by the property owner to agree not to convert or modify in any manner that is inconsistent with the terms of the permit and this chapter, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed to inform future owners of the restrictions.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
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 hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
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.
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:
(1) 
Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community.
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 section.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after September 29, 2017, and includes any subsequent improvements to such structures. Any construction started after July 5, 1977, and before September 29, 2017, 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.
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 December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated July 5, 1977, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM) dated July 5, 1977, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Not more than 400 square feet, measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck;
(4) 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet. The freeboard safety factor also applies to utilities and ductwork.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a 1% 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 PERMIT
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks/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 that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a 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 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. 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 excluded from this definition.
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, of which the cost equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, 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.
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.
A. 
The West Chester Historic District has been established in accordance with the provisions of an act entitled "An Act Authorizing Counties, Cities, Boroughs, Incorporated Towns and Townships To Create Historic Districts Within Their Geographic Boundaries; Providing for the Appointment of Boards of Historical Architectural Review; Empowering Governing Bodies of Political Subdivisions To Protect the Distinctive Historical Character of These Districts and To Regulate the Erection, Reconstruction, Alteration, Restoration, Demolition or Razing of Buildings Within the Historic Districts."
B. 
The Act was adopted by the General Assembly as Act No. 167 of the Commonwealth of Pennsylvania and approved by the Governor of the Commonwealth of Pennsylvania on the 13th day of June 1961, and was amended by the General Assembly as Act No. 24 on the 23rd day of April 1963.
The West Chester Historic District is created for the following purposes:
A. 
To protect those portions of the Borough of West Chester which reflect the cultural, economic, social, political and architectural history of the Borough, the state and the nation.
B. 
To awaken or reinforce in our people an interest in our historic past.
C. 
To promote the use and reuse of the West Chester Historic District for the culture, education, pleasure and general welfare of the people of the Borough, the state and the nation.
D. 
To advocate an interest in civic beauty through the encouragement of appropriate settings and continued construction of buildings in general harmony with respect to style, form, color, proportion, texture and material between buildings of historic design and those of more modern design.
E. 
To strengthen the economy of the Borough by stabilizing and improving property values within the Historic District.
Terms used in this § 112-504 are defined in Article II of this chapter.
A. 
The West Chester Historic District is shown on the Resource Protection Map.[1] The provisions of this § 112-504 shall be applied to all land, buildings and structures which are viewed or may be viewed from a public way within the boundaries of the West Chester Historic District.
[1]
Editor's Note: Said map is included in the online version of the Code of Borough of West Chester (eCode360®). Said map is also on file in the Borough offices.
B. 
The West Chester Historic District shall be considered as an overlay to various districts as shown on the Zoning Map.[2]
[2]
Editor's Note: Said map is included in the online version of the Code of Borough of West Chester (eCode360®). Said map is also on file in the Borough offices.
C. 
Interpretation of boundaries.
(1) 
Boundaries indicated as approximately following the center lines of streets or alleys shall be construed to follow such center lines.
(2) 
Boundaries indicated as approximately following lot lines shall be construed as following such lines.
(3) 
Boundaries indicated as parallel to or extensions of features indicated above shall be so construed. Distances not specifically indicated on the map shall be determined by the scale of the map.
(4) 
Where topographical or man-made features existing on the ground are at variance with those shown on the map or in other circumstances not covered by the above, the Borough Council shall interpret the boundaries of the district.
D. 
Projects that the Secretary of the Interior, as administered by the National Park Service, has approved as certified rehabilitation are deemed approved and need not be reviewed according to the provisions of this article, provided that:
(1) 
Copies (one each) of the Part 1, Evaluation of Significance, and Part 2, Description of Rehabilitation Work, applications, along with evidence of their approval from the National Park Service, are submitted to the Building Inspector; and
(2) 
The project is proposed to be completed as stated in the Part 2 application.
E. 
No permanent sign or other structure within the West Chester Historic District may be constructed, altered or otherwise changed, in whole or part, nor may the exterior architectural character of any structure be altered until after an application for a building permit has been fully reviewed by the Historical and Architectural Review Board (HARB), recommended for a certificate of appropriateness by the HARB and approved by the Borough Council.
F. 
If any proposal for construction, alteration or other change in the West Chester Historic District involves subdivision or land development approval by the Borough Council, all approvals therefor shall be obtained prior to application for building permits and HARB review.
G. 
No structure within the West Chester Historic District may be demolished or removed, in whole or in part, until after the application for a building and/or demolition permit has been reviewed by the HARB and approved by the Borough Council.
H. 
Uses of properties within the West Chester Historic District shall be in accordance with the zoning district in which the land and/or buildings are situated.
I. 
Evidence of the approval required above shall be a certificate of appropriateness issued by the Borough Council. The certificate shall be a statement signed by the President of the Council stating that the application for the proposed work is approved.
J. 
Any person requesting a permit under this section shall be entitled to a hearing on such request before the HARB.
K. 
Nothing in this article shall be construed to prevent the routine maintenance or repair of any exterior elements of any building or structure, nor shall anything in this article be construed to prevent the construction, reconstruction, alteration or demolition of any such elements which the Borough Council shall certify as required for public safety.
L. 
The HARB may determine that minor changes to buildings need not undergo the same level of scrutiny as major changes to buildings. Examples of minor changes might include such items as repainting, repointing of stone and reconstruction of steps or a roof.
It is the intent of this section that the requirements contained herein shall only pertain to construction, reconstruction, restoration, rehabilitation, alteration, razing or demolition on sites located within the West Chester Historic District (and other historic districts as may be established by amendment or ordinance of the Borough of West Chester). This includes but is not limited to cleaning methods, such as sandblasting or solvent washdown; the application of nonstructural surface textures or veneers, such as stucco or siding; replacement of similar types of windows, doors and other minor building elements; the alteration of decorative elements, such as cornices or trim; and other work affecting the visual appearance of a building within the district which can be seen from a public street or way.
A. 
The Building Code Official shall issue a permit for the construction, alteration, restoration, demolition or razing of a building, in whole or in part (which shall include replacement of windows and other major architectural features on the exterior of a building or dwelling), in the Historic District only after the proposal is found to be in accordance with this chapter and the Subdivision and Land Development Ordinance[1] and the Borough Council has issued a certificate of appropriateness. Upon receipt of a written disapproval by the Borough Council, the Building Inspector shall disapprove the application for a permit and so advise the applicant.
[1]
Editor's Note: See Ch. 97, Subdivision and Land Development.
B. 
The Building Code Official is authorized to issue a permit for the construction, alteration or restoration of a building in the Historic District if evidence is presented that the project is an approved certified rehabilitation as defined herein and approved pursuant to this § 112-504. Approved certified rehabilitation projects need not be reviewed by the HARB or the Borough Council.
C. 
Upon receipt of an application for a building permit for work to be done in the West Chester Historic District, the Building Code Official shall act in accordance with the documented procedures, except as those procedures are necessarily modified by the following requirements:
(1) 
The Building Code Official shall inform the applicant of the specific requirements for the issuance of a building permit, including application procedures and materials to be submitted as set forth herein, within the West Chester Historic District and of the time and place of the meeting and/or hearing before the HARB at which he/she may appear to explain the application.
(2) 
The Building Code Official shall forward to the Chairman of the HARB a copy of the application for a building permit, together with copies of the documents and materials filed by the applicant.
(3) 
The Building Code Official shall maintain a record of all such applications and final dispositions of the same, which shall be in addition to and appropriately cross-referenced to other records.
D. 
The Building Code Official shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this article in the same manner as in his/her enforcement of any other provision of this chapter.
A. 
Establishment, composition, appointment and terms of members.
(1) 
The Historical and Architectural Review Board, hereinafter also referred to as the "HARB," is hereby established, to be composed of not fewer than seven members, appointed by the Borough Council, one of whom shall be a registered architect, one a licensed real estate broker, one a member of the Planning Commission and one a Building Inspector, and the remaining members shall have a knowledge of and an interest in the preservation of the West Chester Historic District. A majority of the members must be residents of the Borough of West Chester.
(2) 
The position of any member of the HARB appointed in his/her capacity as a registered architect, a licensed real estate broker, a member of the Planning Commission or the Building Inspector who ceases to be so engaged shall be automatically considered vacant.
(3) 
The initial terms of the members of the HARB shall be as follows: one member shall be appointed to serve until the first day of January following the effective date of this chapter; two members shall be appointed to serve until the first day of the second January thereafter; two members shall be appointed to serve until the first day of the third January thereafter; and two members shall be appointed to serve until the first day of the fourth January thereafter. The Borough Council shall appoint their successors on the expiration of their respective terms to serve for periods of three years. An appointment to fill a vacancy shall be only for the unexpired portion of the term.
(4) 
The HARB shall elect its own Chairman, Vice Chairman and Secretary and create and fill such other offices as it may determine. Officers shall serve annual terms and may succeed themselves. The HARB may make and alter bylaws and regulations to govern its procedures consistent with the ordinances of the Borough of West Chester and the laws of the Commonwealth of Pennsylvania.
(5) 
Any member may be removed from the HARB for cause by a majority vote of the Borough Council.
B. 
Duties and powers of the HARB.
(1) 
The HARB shall give counsel to the Borough Council regarding the advisability of issuing a certificate of appropriateness, to be executed at a public meeting of the latter. The HARB'S recommendation to the Borough Council shall be in the form of a written report.
(2) 
The HARB shall keep on file up-to-date maps of the following:
(a) 
The location of historic buildings, structures and sites as defined in this chapter.
(b) 
Historic districts established by this chapter and amendments as may be adopted by the Borough.
(3) 
A majority of the HARB shall constitute a quorum, and action taken at any meeting shall require the affirmative vote of a quorum.
(4) 
The members of the HARB shall serve without compensation but may be reimbursed for direct expenses.
(5) 
The HARB shall make an annual report to the Borough Council, which should include but not be limited to an accounting of expenditures, justification for the appropriation of funds for the upcoming year, a record of actions taken by the HARB in the preceding year and any recommendations for changes to this article.
(6) 
The HARB shall hold a regularly scheduled monthly public meeting, provided that there is business to conduct, and shall record minutes and transmit them to the Borough Council.
(7) 
The HARB shall hold any additional public meetings and hearings as necessary to execute its powers and duties as required by this article or the laws of the Commonwealth of Pennsylvania.
C. 
In addition to the above, upon specific authorization by the Borough Council, the HARB may be empowered to engage in the following activities:
(1) 
To conduct a survey of buildings for the purpose of determining those of historic and/or architectural significance, pertinent facts about them and any action to be undertaken in coordination with the Planning Commission and/or other appropriate groups and to maintain and periodically revise the detailed listings of historic sites and buildings and data about them, appropriately classified with respect to national, state or local significance and to period or field of interest.
(2) 
To propose, from time to time as deemed appropriate, the establishment of additional historic districts and revisions to existing Historic District boundaries.
(3) 
To cooperate with and advise the Borough Council, the Planning Commission or other Borough agencies in matters involving historically and/or architecturally significant sites and buildings, such as appropriate land usage, parking facilities and signs, as well as adherence to lot dimensional regulations and minimum structural standards.
(4) 
To cooperate with and enlist assistance, from time to time, from the National Park Service, the National Trust for Historic Preservation, the Pennsylvania Historical and Museum Commission, the Chester County Historical Society, the Chester County Historic Preservation Office and other agencies, public and private, concerned with historic sites and buildings.
A. 
Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors and/or developers, owners or agents may prepare preliminary scale drawings and outline specifications, including color samples for outside work, for review and informal discussion with the HARB. The purpose of this review shall be to acquaint the developer, owner or agent with standards of appropriateness of design that are required of his/her proposed development.
B. 
The preapplication review shall not require formal application, but does require notice to be given to the Building Inspector and subsequent notification to the Chairman of the HARB at least seven working days before the date of the meeting at which the preliminary drawings are to be discussed. Ten copies of all documents shall be submitted to the Building Inspector, who shall forward one copy to the Chairman of the HARB.
C. 
In the case of very minor projects involving repairs or alterations to existing buildings, the HARB, if preliminary drawings and other data are sufficiently clear and explicit, may recommend to the Zoning Officer that a building permit be issued after approval by a majority of members attending the review session at which the proposal is presented. The HARB will inform Borough Council of any action by memo directed to the appropriate subcommittee of Counsel.
A. 
Upon determination by the Building Code Official and the HARB that a complete application for a building permit for the erection, reconstruction, alteration, restoration, rehabilitation, demolition or razing of a building or buildings or other structures in the Historic District has been filed, the HARB shall review the permit application at its regularly scheduled public meeting or at a special hearing, to take place within 45 days of the date of the filing of the complete application, to consider the counsel which it will give to the Borough Council. The applicant for the permit shall be advised of the time and place of said hearing and shall be invited to appear to explain his/her reasons therefor. Additional hearings, if necessary, shall be scheduled within 30 days of each other, unless mutually agreed otherwise by the HARB and the applicant.
B. 
Within 45 days of the occurrence of the final hearing upon an application for a permit for the erection, reconstruction, alteration, restoration, rehabilitation, demolition or razing of a building or buildings or other structures in the Historic District, the HARB shall recommend to the Borough Council the approval or denial of the certificate of appropriateness.
(1) 
In cases where the issuance of a certificate of appropriateness is recommended, the HARB shall forthwith transmit a written report to the Borough Council stating the basis upon which such a recommendation for approval was made. If the HARB shall fail to transmit such report within 45 days after the occurrence of the final hearing concerning an application for a permit, the application shall be forwarded to Borough Council with no recommendation, except where mutual agreement has been made for an extension of the time limit.
(2) 
In the case where relatively minor changes in the applicant's plans and specifications will meet the HARB's conditions for recommendation for approval, the HARB may recommend conditional approval for the issuance of a certificate of appropriateness. A written report to the Borough Council (copied to the applicant) shall clearly state these conditions. If the applicant decides to make these changes, he/she shall so notify the HARB and the Borough Council, in writing, prior to the next regularly scheduled meeting of the Borough Council.
(3) 
In the case of a recommendation not to issue a certificate of appropriateness, the HARB shall transmit a written report to the Borough Council within 45 days after the occurrence of the final hearing stating the reasons therefor. The report shall state the reasons for a recommendation for disapproval and the changes necessary to obtain approval. The applicant shall be informed, in writing, of the HARB's decision and of the reasons for the recommendation for disapproval.
C. 
In any case involving the demolition or partial demolition of a structure, before granting or denying approval, the HARB may call upon the Borough Engineer, at the expense of the applicant, to provide it with a report on the state of repair and stability of the structure under consideration.
D. 
If the applicant intends to refile revised plans to remedy the defects which led to the recommendation for disapproval, the same review period and procedure set forth above shall apply.
E. 
Upon determination by the Building Inspector that a complete application for a permanent sign has been filed at least seven working days prior to the regularly scheduled HARB meeting, the Building Inspector shall forward one copy thereof to HARB and one copy thereof to the Borough Council. The HARB shall review such permit application at its next regularly scheduled public meeting or at a hearing specially convened, which meeting or hearing, in any event, shall occur within 40 days of the date of the filing of the complete application. The applicant for the permit shall be advised of the time and place of the meeting or hearing and shall be invited to explain the reasons for the application. The HARB shall, as soon as reasonably practicable following the conclusion of the meeting or hearing and in any event prior to the next regularly scheduled meeting of the Borough Council, issue a written recommendation which shall state, at a minimum, "recommended for the issuance of a certificate of appropriateness," "not recommended for the issuance of a certificate of appropriateness" or "recommended for a certificate of appropriateness with modifications as set forth." The written report shall be forwarded to the applicant and the Borough Council. In the event that the HARB fails to meet to consider the application within 40 days of the completed application, or following the conclusion of a timely scheduled meeting or hearing the HARB fails to forward its written report to the Borough Council or to issue its recommendation prior to the next regularly scheduled meeting of the Borough Council, the application shall be forwarded to the Borough Council with no recommendation and considered by the Borough Council at the next regularly scheduled Borough Council meeting following the expiration of the forty-day period from the filing of the completed application. At such time, the Borough Council may determine to recommend a certificate of appropriateness, not recommend a certificate of appropriateness or recommend a certificate of appropriateness with modifications as set forth. The applicant shall be informed, in writing, of the decision of the Borough Council.
A. 
Ten copies of all drawings and plans for the proposed major alterations, additions or changes and for new construction of buildings or property use shall be submitted. The drawings and plans shall be prepared by a design professional and shall include:
(1) 
Plans and exterior elevations, drawn to scale, with sufficient detail to show, as it relates to exterior appearances, the architectural design of the buildings, including proposed materials, textures and colors and dimensions.
(2) 
Plot or site plans, drawn to scale not smaller than one inch equals 50 feet, showing adjoining property lines and adjacent streets from which the proposed activity may be viewed and all improvements affecting appearances, such as walls, walks, terraces, landscaping, accessory buildings, parking, signs, lights and other elements.
(3) 
A location map, using the Borough Zoning Map, drawn at a scale not smaller than one inch equals 200 feet, indicating the general location of the site in relation to nearby roads and properties.
B. 
Photographs required with an application for the demolition of an existing structure. Every application for a permit to demolish an existing structure shall be accompanied by a set of legible black-and-white or color photographs showing all sides of the building under consideration and any interiors which relate its state of disrepair or substantiate the need for demolition and photographs showing the contiguous properties and the relationship of the building to them.
C. 
Photographs required with an application for repair, alterations, and/or additions to existing structures. Every application for repair, alterations and/or additions to existing structures shall be accompanied by a set of legible black-and-white or color photographs showing all sides of the structure and photographs showing the adjacent properties and the relationship of the building to them.
D. 
Photographs required with an application for new construction. Every application for new construction shall be accompanied by a set of legible black-and-white or color photographs showing the construction site and its relationship to the properties contiguous to it. The direction of the photographs shall be noted for each view and shall be keyed into the plot plan or site plan.
E. 
All of the above-mentioned materials shall be filed at least 10 working days prior to the regularly scheduled HARB meeting with the Building Code Official, who shall forward them to the Chairman of the HARB. The Chairman of the HARB shall determine if the application is complete and shall notify the applicant of the date of the HARB review meeting or hearing.
A. 
The HARB may recommend against the issuance of a certificate of appropriateness for the erection, reconstruction, alteration, rehabilitation, demolition, partial demolition or removal of any structure within the Historic District which, in the HARB's opinion, would be detrimental to the district and against the public interests of the Borough.
B. 
In determining the counsel to be presented to the Borough Council concerning the issuing of a certificate of appropriateness authorizing a permit for the erection, reconstruction, alteration, restoration, rehabilitation, demolition or razing of all or a part of any building within the Historic District, the HARB shall consider the following relative to existing buildings:
(1) 
The significance of the building to the historic and architectural integrity of the Historic District.
(2) 
The development history of the building and its components and the historic period most represented in its existing condition.
(3) 
The historic period or periods the applicant proposes to use as the exterior appearance objective.
(4) 
The quality of the documentation used by the applicant to substantiate the proposed exterior appearance objective.
C. 
The Board shall also consider the degree to which the proposed work complies with the most current version of the standards for rehabilitation of the United States Department of the Interior in making a decision relative to the appropriateness of the proposal whenever rehabilitation work is proposed. The following standards shall be used:
(1) 
Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment. (The use regulations of the principal zoning district shall apply.)
(2) 
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3) 
All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(4) 
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5) 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
(6) 
Deteriorated architectural features shall be repaired, rather than replaced, wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) 
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8) 
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(9) 
Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
D. 
The HARB shall also consider the most current version of the guidelines for rehabilitating historic buildings of the United States Department of the Interior in making its decision relative to the appropriateness of the proposal.
E. 
Any architectural guidelines for construction in the Historic District which are published by the HARB to further the description of exterior architectural design criteria shall be approved by resolution of the Borough Council.
F. 
In addition to those criteria above for existing buildings which are considered applicable by the HARB, the following shall be evaluated for new construction:
(1) 
The extent to which the proposed construction conforms to existing building setbacks and yard widths predominant within the block where the proposed construction is proposed.
(2) 
The relationship to buildings in the immediate area with respect to height, width and materials.
(3) 
The degree to which the proposed construction respects the established street/sidewalk level character of the Historic District and the immediate area.
(4) 
The degree to which the proposed building's various floors are defined with window openings rather than an unbroken opaque facade.
G. 
Relative to demolition, the HARB shall evaluate:
(1) 
The extent to which the building constitutes an immediate threat to the public health, safety and welfare.
(2) 
The significance of the building to the historic and architectural integrity and the economic vitality of the Historic District.
(3) 
The extent to which the applicant demonstrates that the building has no economic use.
(4) 
The extent to which the building's deterioration and loss of economic use has been the result of the applicant's actions.
(5) 
The efforts made by the applicant to successfully market the building.
(6) 
The proposed construction after demolition and its impact on the integrity of the Historic District.
A. 
The HARB, according to the provisions of this § 112-504, shall submit to the Borough Council, within 45 days of the final hearing or before its next regularly scheduled meeting, a report containing its recommendations regarding the issuance of a certificate of appropriateness of the proposed construction, alteration or demolition within the Historic District.
B. 
The report shall describe the following and reference any relevant application materials submitted in accordance with this § 112-504:
(1) 
The exact location of the property in question.
(2) 
A list of adjacent/surrounding structures, stating their general exterior architectural characteristics.
(3) 
Proposed landscape work, such as tree removal, additional plantings, grading and access roads.
(4) 
Proposed construction, reconstruction, restoration, rehabilitation, alteration, razing or demolition work.
(5) 
The finished height and width of any proposed construction or alterations.
(6) 
The extent to which the proposed work meets the various evaluation criteria contained in § 112-504.11.
(7) 
The opinion of the HARB, including any dissent, as to the appropriateness of the proposed work and the recommendation regarding the issuance of a certificate of appropriateness by the Borough Council.
(8) 
If the recommendation of the HARB is for disapproval or conditional approval, the reasons for disapproval or conditional approval and changes in the applicant's plans which are necessary to meet the HARB approval.
A. 
Upon receipt of the report from the HARB, the Borough Council shall consider at its next regularly scheduled or special meeting the question of issuing to the Building Inspector a certificate of appropriateness authorizing a permit for work covered by the application. The applicant shall be advised by the Building Inspector of the time and place of the meeting at which his/her application shall be considered. The applicant shall have the right to attend this meeting and comment on his/her application.
B. 
In determining whether or not to issue a certificate of appropriateness, the Borough Council shall consider the HARB report and the same criteria used by the HARB as set forth in this § 112-504.
C. 
If the Borough Council approves the application, it shall issue a certificate of appropriateness authorizing the Building Code Official to issue a building permit for the work covered.
D. 
If the Borough Council disapproves the application, it shall do so in writing, and copies shall be given to the Building Code Official, the applicant and to the Pennsylvania Historical and Museum Commission. The disapproval shall set forth the reasons therefor and shall indicate the reasons for disapproval and changes in the applicant's plans which are necessary to meet the HARB approval.
E. 
In either case, the Borough Council shall notify the applicant within 10 days of its meeting at which the application was considered, unless mutually agreed otherwise.
F. 
When a certificate of appropriateness has been issued, a copy thereof shall be transmitted to the Building Inspector, who shall, from time to time, inspect the work approved by such certificate. All work not in accordance with such certificate shall constitute a basis for the issuance of a cease-and-desist order.
A. 
The purpose of the historic carriage house regulations is to promote the adaptive reuse of historic carriage houses as a dwelling unit, an accessory dwelling unit, an office, or an artisan studio, as provided in this section.
B. 
Parcels or lots with historic carriage houses are located in the NC-1, NC-2, and TC Zoning Districts, as shown on the Resource Protection Map.[1]
[1]
Editor's Note: Said map is included in the online version of the Code of Borough of West Chester (eCode360®). Said map is also on file in the Borough offices.
C. 
The following regulations shall apply to the adaptive reuse of historic carriage houses. Compliance with these regulations shall be determined by the Zoning Officer prior to the issuance of a building permit.
(1) 
A dwelling may be created in a historic carriage house as a separate dwelling unit on the same lot with the dwelling that is a principal permitted use.
(2) 
An office, as a minor home occupation as defined in this chapter, may be created in a historic carriage house unless the historic carriage house is located in the TC District outside the ROD District, in which case it may be a permitted principal use.
(3) 
An artisan studio may be created in the historic carriage house for the production of arts or crafts, such as painting, sculpture, stained glass, pottery, and the like, as a minor home occupation as defined in this chapter unless the historic carriage house is located in the TC District, in which case it may be a permitted principal use.
D. 
Accessory uses.
(1) 
Parking. The Zoning Officer shall determine the number of off-street parking spaces that are required for the conversion of an historic carriage house into the uses which are permitted in this section. In making such determination, the Zoning Officer shall consider the number of existing off-street parking spaces on the lot which may be used for both the principal dwelling and the adaptive reuse of the carriage house, the specific use proposed and the number of people who are expected to occupy the carriage house.
E. 
Standards and criteria.
(1) 
The historic carriage house shall not be subdivided from the principal parcel. Therefore, all parcels with historic carriage houses may have up to two uses on the lot, including the principal permitted use or dwelling, as well as the use within the historic carriage house.
(2) 
(Reserved)
(3) 
No sign for an historic carriage house use shall exceed two square feet in area.
(4) 
All historic carriage houses shall be landscaped with shrubbery, hedges, ground covers, flowers, vines, trellises, window boxes and other like treatments to complement the historic setting, unless the Zoning Officer determines landscaping is not necessary to complement the historic setting or screen adjacent properties.
(5) 
No lighting shall be placed or installed so as to create trespass glare off the property.
(6) 
No student home shall be permitted in an historic carriage house.
(7) 
All renovations of an historic carriage house must comply with the most recent architectural design guidelines for construction in the Historic District as adopted by resolution of the Borough Council.
(8) 
Applicant shall submit a copy of the building permit application and design plans for any proposed renovation to the historic carriage house to HARB for review and recommendation prior to issuance of the building permit. HARB shall submit written comments to Zoning Officer on the proposed design of the renovations and its compatibility with the adopted design guidelines. If necessary, the applicant shall amend its building permit application to comply with design guidelines of this section.