[Added 7-19-2017 by Ord. No. 5-2017[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. XIX, Flood Hazard District, adopted 5-17-1973 by Ord.
No 2-1973, as amended.
The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Pursuant to such
authority and the authority granted by the Pennsylvania Municipalities
Code, the Board of Supervisors (the "Board") of West Goshen Township
(the "Township") does hereby adopt the within floodplain regulations.
[1]
Editor's Note: See 32 P.S. AA 679.101 et seq.
The intent of this article is to:
A.
Promote the general health, welfare, and safety of
the community.
B.
Encourage the utilization of appropriate construction
practices in order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting the
water supply and natural drainage.
D.
Reduce financial burdens imposed on the community,
its governmental units, and its residents by preventing excessive
development in areas subject to flooding.
E.
Comply with federal and state floodplain management
requirements.
It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within any identified floodplain
area in West Goshen Township unless a permit has been obtained from
the floodplain administrator.
This article supersedes any other conflicting
provisions which may be in effect in identified floodplain areas.
However, any other ordinance provisions shall remain in full force
and effect to the extent that those provisions are more restrictive.
If there is any conflict between any of the provisions of this article,
the more restrictive shall apply.
A.
The degree of flood protection sought by the provisions
of this article is considered reasonable for regulatory purposes and
is based on accepted engineering methods of study. Larger floods may
occur or flood heights may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by debris. This article
does not imply that areas outside any identified floodplain areas,
or that land uses permitted within such areas, will be free from flooding
or flood damages.
B.
This article shall not create liability on the part
of West Goshen Township or any officer or employee thereof for any
flood damages that result from reliance on this article or any administrative
decision lawfully made thereunder.
A.
The Zoning Officer is hereby appointed to administer
and enforce this article and is referred to herein as the "floodplain
administrator." The floodplain administrator may:
(1)
Fulfill the duties and responsibilities set forth
in these regulations;
(2)
Delegate duties and responsibilities set forth in
these regulations to qualified technical personnel, plan examiners,
inspectors, and other employees; or
(3)
Enter into a written agreement or written contract
with another agency or private sector entity to administer specific
provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the community of its
responsibilities pursuant to the participation requirements of the
National Flood Insurance Program as set forth in the Code of Federal
Regulations at 44 CFR 59.22.
B.
In the absence of a designated floodplain administrator,
the floodplain administrator duties are to be fulfilled by the Township
Engineer.
A permit shall be required before any construction
or development is undertaken within any identified floodplain area
of West Goshen Township.
A.
The floodplain administrator shall issue a permit
only after it has been determined that the proposed work to be undertaken
will be in conformance with the requirements of this and all other
applicable codes and ordinances.
B.
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.
C.
In the case of existing structures, prior to the issuance
of any development/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.
D.
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.
E.
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.
F.
In the event the floodplain administrator discovers
that the work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the floodplain administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
G.
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.
H.
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.
I.
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 chapter as the floodplain administrator/manager.
J.
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.
A.
Application for such a permit shall be made, in writing,
to the floodplain administrator on forms supplied by West Goshen Township.
Such application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed
construction is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(6)
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.
(7)
A plan of the site showing the exact size and location
of the proposed construction as well as any existing buildings or
structures.
B.
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:
(1)
All such proposals are consistent with the need to
minimize flood damage and conform with the requirements of this article
and all other applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas,
electrical and water systems, are located and constructed to minimize
or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure
to flood hazards;
(4)
Structures will be anchored to prevent flotation,
collapse, or lateral movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have
been used; and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
C.
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:
(1)
A completed permit application form.
(2)
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)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development;
(d)
The location of all existing streets, drives,
and other accessways; and
(e)
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.
(3)
Plans of all proposed buildings, structures and other
improvements, drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed
building, based upon North American Vertical Datum of 1988;
(b)
The elevation of the base flood;
(c)
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.
(4)
The following data and documentation:
(a)
Detailed information concerning any proposed
floodproofing measures and corresponding elevations.
(b)
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
(c)
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.
(d)
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.
(e)
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.
(f)
Detailed information needed to determine compliance with sections regarding § 84-90.12, storage and development which may endanger human life, including:
[1]
The amount, location and purpose of any materials
or substances which are intended to be used, produced, stored or otherwise
maintained on site.
[2]
A description of the safeguards incorporated
into the design of the proposed structure to prevent leaks or spills
of the dangerous materials or substances during a base flood.
(g)
The appropriate component of the Department
of Environmental Protection's "Planning Module for Land Development."
(h)
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.
D.
Applications for permits shall be accompanied by a
fee, payable to the municipality based upon the estimated cost of
the proposed construction as determined by the floodplain administrator.
A copy of all applications and plans for any
proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the floodplain
administrator to the County Conservation District for review and comment
prior to the issuance of a permit. The recommendations of the Conservation
District may be considered by the floodplain administrator for possible
incorporation into the proposed plan.
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.
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.
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.
A.
Work on the proposed construction or development shall
begin within 180 days after the date of issuance of the development
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.
B.
The "actual start of construction" 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/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.
C.
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 the ordinance
and FIRM/FIS in effect at the time the extension is granted.
Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order of direction of the floodplain administrator or any other authorized employee of the municipality shall be subject to the administrative and enforcement provisions of Article XVI and Article XVII of this chapter. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this article may be declared by the Board to be a public nuisance and abatable as such.
A.
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.
A.
The identified floodplain area shall be:
(1)
Any areas of West Goshen Township 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 Study.
B.
The above-referenced FIS and FIRMs, and any subsequent
revisions and amendments, are hereby adopted by West Goshen Township
and declared to be a part of this article.
The identified floodplain area shall consist
of the following specific areas:
A.
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.
(1)
Within any Floodway Area, no encroachments,
including fill, new construction, substantial improvements, or other
development shall be permitted unless it has been demonstrated through
hydrologic and hydraulic analysis performed in accordance with standard
engineering practice that the proposed encroachment would not result
in any increase in flood levels within the community during the occurrence
of the base flood discharge.
(2)
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.
B.
The AE Area/District shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided.
(1)
The AE Area adjacent to the floodway shall be
those areas identified as an AE Zone on the FIRM included in the FIS
prepared by FEMA for which base flood elevations have been provided
and a floodway has been delineated.
(2)
The AE Area without floodway shall be those
areas identified as an AE zone on the FIRM included in the FIS prepared
by FEMA for which base flood elevations have been provided but no
floodway has been determined.
(a)
No 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.
(b)
No new construction or development shall be
located within the area measured 50 feet landward from the top-of-bank
of any watercourse unless the appropriate permit is obtained from
the Department of Environmental Protection's regional office.
C.
The A Area/District shall be 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.
D.
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 one-percent-annual-chance shallow flooding where
average depths are between one and three feet. In Zones AO and AH,
drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
E.
In lieu of any of the analysis or methods set forth
above, the Township may require the applicant to determine the elevation
with hydrologic and hydraulic engineering techniques. Hydrologic and
hydraulic analyses shall be undertaken only by professional engineers
or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the municipality.
In the absence of any of the above data or documentation, the Township
may require elevation of the lowest floor to be at least three feet
above the highest adjacent grade.
The identified floodplain area may be revised
or modified by the Board of Supervisors 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 Township shall notify FEMA of the changes to
the special flood hazard area by submitting technical or scientific
data.
Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the floodplain
administrator, with input from the Township Engineer, and any party
aggrieved by this decision or determination may appeal to the Zoning
Hearing Board. The burden of proof shall be on the appellant.
Prior to development occurring in areas where
annexation or other corporate boundary changes are proposed or have
occurred, the Township shall review flood hazard data affecting the
lands subject to boundary changes. The Township shall adopt and enforce
floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
A.
Alteration or relocation of watercourse:
(1)
No encroachment, alteration, or improvement
of any kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the municipality,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection's regional office.
(2)
No encroachment, alteration, or improvement
of any kind shall be made to any watercourse unless it can be shown
that the activity will not reduce or impede the flood-carrying capacity
of the watercourse in any way.
(3)
In addition, FEMA and the Pennsylvania Department
of Community and Economic Development shall be notified prior to any
alteration or relocation of any watercourse.
B.
When West Goshen Township 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 Part 65.12):
(1)
Apply to FEMA for conditional approval of such
action prior to permitting the encroachments to occur.
(2)
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.
(3)
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.
C.
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.
D.
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.
E.
Uses permitted by right. The following uses are permitted
within the identified floodplain area, provided that they are conducted
in accordance with the provisions of the Clean Streams Law of Pennsylvania,
Act 349 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:
(1)
Agricultural uses, excluding structures, such
as general farming, truck farming, cultivation and harvesting of crops
according to recognized soil conservation practices, which shall in
no case cause alluvial deposits to build up in watercourses or cause
undue erosion of the identified floodplain area.
(2)
Pasture and grazing land, excluding structures
and cattle feed pens.
(3)
Outdoor plant nursery or orchard, excluding
structures.
(4)
Forestry, lumbering and reforestation, according
to recognized soil conservation practices, excluding storage and mill
structures.
(5)
Recreation uses, such as park, day camp, picnic
grounds, golf course, hiking and riding trails, hunting, fishing and
swimming areas, excluding structures with the exception of anchored
picnic tables and toilet facilities.
(6)
Game farm and fish hatchery, excluding structures.
(7)
Wildlife sanctuary, woodland or nature preserves
and arboretum, excluding structures.
[1]
Editor's Note: See 35 P.S. AA 691.1 et seq.
F.
Special exception uses. The following uses may be
permitted upon the issuance of a special exception by the Zoning Hearing
Board as provided in this article, provided that they are conducted
in accordance with the provisions of the Clean Streams Law of Pennsylvania,
Act 349 of 1937, as amended, 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. In
issuing any special exception, the Zoning Hearing Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this article, as it may deem necessary to implement the purposes
of this article:
(1)
Roads and permeable (nonpaved) parking areas
to serve other permitted uses in the identified floodplain area, or
where required by the regulations for any contiguous district.
(2)
Utility transmission lines.
(3)
Storm and sanitary sewers and sewage pumping
stations.
(4)
Sealed water supply wells and water pipelines.
(5)
Dams, culverts, bridges and impoundment basins
approved by the Commonwealth of Pennsylvania, Department of Environmental
Protection, the Natural Resource Conservation Service and any other
governmental agency having regulatory or advisory jurisdiction over
the watershed in question.
(6)
Grading or fill, provided that the effect is
not to substantially alter the effective cross-sectional profile of
the stream basin at the point of the proposed use, provided that a
detailed engineering study shall accompany any application for a special
exception on this ground and must be approved by the Commonwealth
of Pennsylvania, Department of Environmental Protection, the Natural
Resource Conservation Service and any other governmental agency having
regulatory or advisory jurisdiction.
Within any identified floodplain area, any new
construction or substantial improvements shall be prohibited unless
otherwise provided for herein. If a use is permitted by right, by
special exception or by variance, then the following provisions apply:
A.
Residential structures.
(1)
In AE, A1-30, and AH Zones, any new construction
or substantial improvement shall have the lowest floor (including
the basement) elevated up to, or above, the regulatory flood elevation.
(2)
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 article.
(3)
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.
(4)
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 401-405, as amended) shall be utilized, where they
are more restrictive.
B.
Nonresidential structures.
(1)
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:
(2)
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 § 84-90.5C of this article.
(3)
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.
(4)
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.
(5)
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:
(a)
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:
(b)
A flood emergency operation plan detailing the
procedures to be followed during a flooding event, and 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:
[1]
An established chain of command
and responsibility with leadership responsibilities clearly defined
for all aspects of the plan.
[2]
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.
[3]
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.
[4]
An evacuation plan for all personnel
or occupants, 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.
[5]
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.
(6)
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 401-405, as amended) shall be utilized,
where they are more restrictive.
C.
Space below the lowest floor.
(1)
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.
(2)
Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total
area of not less than one square inch for every square foot of enclosed
space installed on two separate walls.
(b)
The bottom of all openings shall be no higher
than one foot above grade.
(c)
Openings may be equipped with screens, louvers,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
D.
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.
E.
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:
(1)
The structure shall not be designed or used
for human habitation but shall be limited to the parking of vehicles
or to the storage of tools, material, and equipment related to the
principal use or activity.
(2)
Floor area shall not exceed 200 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on the site so
as to cause the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated
to the regulatory flood elevation.
(6)
Permanently affixed utility equipment and appliances
such as furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to
prevent flotation, 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:
(a)
A minimum of two openings having a net total
area of not less than one square inch for every square foot of enclosed
space.
(b)
The bottom of all openings shall be no higher
than one foot above grade.
(c)
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(9)
For accessory structures that exceed 200 square
feet in area (footprint) and 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.
(10)
Prohibit the storage of hazardous materials
in accessory structures.
The following minimum standards shall apply
for all construction and development proposed within any identified
floodplain area:
A.
Fill. Within any identified floodplain area, the use
of fill shall be prohibited. If a variance is obtained, then the following
provisions apply:
(1)
If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the
building line from all points;
(b)
Consist of soil or small rock materials only;
sanitary landfills shall not be permitted;
(c)
Be compacted to provide the necessary permeability
and resistance to erosion, scouring, or settling;
(d)
Be no steeper than one vertical to two horizontal
feet unless substantiated data justifying steeper slopes are submitted
to, and approved by, the floodplain administrator; and
(e)
Be used to the extent to which it does not adversely
affect adjacent properties.
B.
Drainage facilities. Storm drainage facilities shall
be designed to convey the flow of stormwater runoff in a safe and
efficient manner. The system shall ensure proper drainage along streets
and provide positive drainage away from buildings. The system shall
also be designed to prevent the discharge of excess runoff onto adjacent
properties.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary
sewer facilities and systems shall be located, designed and constructed
to minimize or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall
be designed to prevent the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site 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.
(4)
The design and construction provisions of the
UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages"
and "The International Private Sewage Disposal Code" shall be utilized.
D.
Other utilities. All other utilities such as gaslines,
electrical and telephone systems shall be located, elevated (where
possible) and constructed to minimize the chance of impairment during
a flood.
E.
Streets. The finished elevation of all new streets
shall be no more than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 84-90.12, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
G.
Placement of buildings and structures. All buildings
and structures shall be designed, located, and constructed so as to
offer the minimum obstruction to the flow of water and shall be designed
to have a minimum effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly
anchored in accordance with accepted engineering practices to prevent
flotation, collapse, or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and
other similar objects or components located below the regulatory flood
elevation shall be securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory
flood elevation shall be installed to accommodate a lateral expansion
of the flooring, perpendicular to the flooring grain, without causing
structural damage to the building.
(2)
Plywood used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory
flood elevation shall be designed and constructed of materials that
are water-resistant and will withstand inundation.
(4)
Windows, doors, and other components at or below
the regulatory flood elevation shall be made of metal or other water-resistant
material.
J.
Paints and adhesives.
(1)
Paints and other finishes used at or below the
regulatory flood elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets,
etc.) used at or below the regulatory flood elevation shall be finished
with a marine or water-resistant paint or other finishing material.
L.
Equipment.
(1)
Water heaters, furnaces, air-conditioning and
ventilating units, and other electrical, mechanical or utility equipment
or apparatus shall not be located below the regulatory flood elevation
and shall be anchored to resist flotation, collapse, and lateral movement.
(2)
Ductwork shall be elevated to or above the regulatory
flood elevation or floodproofed to remain water-resistant.
M.
Fuel supply systems. All gas and oil supply systems
shall be designed to prevent the infiltration of floodwaters into
the system and discharges from the system into floodwaters. Additional
provisions shall be made for the drainage of these systems in the
event that floodwater infiltration occurs.
N.
Uniform Construction Code coordination. The standards
and specifications contained in 34 Pa. Code (Chapters 401-405), as
amended and not limited to the following provisions, shall apply to
the above and other sections and subsections of this article, to the
extent that they are more restrictive and supplement the requirements
of this article.
(1)
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.
(2)
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.
Within any identified floodplain area, any structure
of the kind described below shall be prohibited. No variance shall
be granted due to the inherent danger to the public health, safety
and welfare.
A.
In accordance with the Pennsylvania Flood Plain Management
Act,[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which: will be used for the production or storage
of any of the following dangerous materials or substances; or will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or will involve
the production, storage, or use of any amount of radioactive substances,
shall be prohibited. The following list of materials and substances
are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides,
and rodenticides).
(18)
Radioactive substances, insofar as such substances
are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
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.
A.
Within any identified floodplain area, manufactured
homes shall be prohibited. If a variance is obtained in accordance
with the required criteria, then the following provisions apply.
B.
Where permitted by variance within any identified
floodplain area, all manufactured homes, and any improvements thereto,
shall be:
C.
Equipment requirement:
(1)
Water heaters, furnaces, air-conditioning and
ventilating units, and other electrical, mechanical or utility equipment
or apparatus shall not be located below the regulatory flood elevation
and shall be anchored to resist flotation, collapse, and lateral movement.
(2)
Ductwork shall be elevated to or above the regulatory
flood elevation or floodproofed to remain water-resistant.
D.
Installation of manufactured homes shall be done in
accordance with the manufacturers' installation instructions as provided
by the manufacturer. Where the applicant cannot provide the above
information, the requirements of Appendix E of the 2009 "International
Residential Building Code" or the United States Department of Housing
and Urban Development's "Permanent Foundations for Manufactured Housing,"
1984 Edition, draft or latest revision thereto, and 34 Pa. Code Chapters
401-405 shall apply.
E.
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 manufacturer's
standards for anchoring cannot be provided or were not established
for the proposed unit's(units') installation.
Within any identified floodplain area, recreational
vehicles shall be prohibited. If a variance is obtained in accordance
with the required criteria, then the following provisions apply:
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:
B.
The commencement of, or any construction of, a new
manufactured home park or manufactured home subdivision, or substantial
improvement to an existing manufactured home park or manufactured
home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
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
following provisions shall apply to such improvements.
The following provisions shall apply whenever
any improvement is made to an existing structure located within any
identified floodplain area:
A.
No expansion or enlargement of an existing structure
shall be allowed within any identified floodplain area that would
cause any increase in BFE. In A Area/District(s), BFEs are determined
using the methodology set forth in this article.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value shall be elevated and/or floodproofed
to the greatest extent possible.
If compliance with any of the requirements of
this article would result in an exceptional hardship to a prospective
builder, developer or landowner, the West Goshen Township Zoning Hearing
Board may, upon request, grant relief from the strict application
of the requirements.
A.
Requests for variances shall be considered by the
West Goshen Township Zoning Hearing Board in accordance with the applicable
sections of this chapter governing the Zoning Hearing Board process
and the following:
(1)
No variance shall be granted within any identified
floodplain area that would cause any increase in BFE. In A Area/Districts,
BFEs are determined using the methodology as set forth in this article.
(2)
No variance shall be granted for prohibited
activities or to development which may endanger human life, as previously
described within this article.
(3)
If granted, a variance shall involve only the
least modification necessary to provide relief.
(4)
In granting any variance, the West Goshen Township
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.
(6)
In reviewing any request for a variance, the West Goshen Township
Zoning Hearing Board shall consider, at a minimum, the following:
(7)
A complete record of all variance requests and related actions
shall be maintained by the West Goshen Township Zoning Hearing Board.
In addition, a report of all variances granted during the year shall
be included in the annual report to FEMA.
B.
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capability of
resisting the one-percent-annual-chance flood.
Unless specifically defined below, words and
phrases used in this article shall be interpreted so as to give this
article its most reasonable application.
As used in this article, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent-greater chance of being
equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
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 these regulations 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.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or lowland area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually on the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states which have been approved by the Secretary
of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation that have
been certified either:
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.
The lowest floor of the lowest fully enclosed area (including
the basement). An unfinished, flood-resistant, partially enclosed
area used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this article.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective start date of this article and includes
any subsequent improvements to such structures. Any construction started
after November 2, 1977, and before the effective start date of this
article is subject to the ordinance in effect at the time the permit
was issued, provided that the start of construction was within 180
days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the Township's initial
Flood Insurance Rate Map (FIRM) dated November 2, 1977, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the Township's
initial Flood Insurance Rate Map (FIRM) dated November 2, 1977, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the
largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck;
Not designed for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use.
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.
An area in the floodplain subject to a one-percent-or-greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
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 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, 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.
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.
A grant of relief by a community from the terms of a floodplain
management regulation.
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.
