[Adopted 12-4-1996 by Ord. No. 433 (Part 6, Ch. 1, Art. B, Subarticle
1, of the 1985 Code of Ordinances)]
In order to prevent excessive damage to buildings and structures
due to flooding conditions, the following provisions shall apply to
all proposed construction or development occurring in the FP - Floodplain
Conservation District designated in the Borough of Collegeville Zoning
Ordinance, as amended, when such construction or development is approved
by the Zoning Hearing Board.
[Amended 12-4-1996 by Ord. No. 436]
A. Structures located within the Floodplain Conservation District which
have sustained substantial damage may be rebuilt if destroyed by fire
or other catastrophe provided that the reconstruction shall be in
compliance with the floodproofing, elevation and other requirements
of this article and, if located in the floodway, shall not result
in an increase on the base flood elevation.
B. Substantial damage is defined as the damage from any cause sustained
in 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, regardless
of the actual repair work performed.
If fill is used to raise the finished surface of the lowest
floor 1 1/2 feet above the base flood elevation:
A. Fill shall extend beyond a structure for a sufficient distance to
provide acceptable access. For residential structures, fill shall
extend laterally 15 feet beyond the building line from all points.
For nonresidential structures, fill shall be place to provide access
acceptable for the intended use: at-grade access, with fill extending
laterally 15 feet beyond the minimum of 25% of the perimeter of a
nonresidential structure.
B. Fill shall consist of soil or rock materials only.
C. Fill material shall be compacted to provide the necessary stability
and resistance to erosion, scouring or settling.
D. Fill slopes shall be no steeper than one vertical on two horizontal,
unless substantiating data justifying steeper slopes are submitted
to and approved by the Borough.
E. Fill shall be used only to the extent to which it does not adversely
affect adjacent properties.
Where located at or below the regulatory flood elevation (RFE):
A. Wood floorings shall be installed to accommodate a lateral expansion
of the flooring, perpendicular to the flooring grain, without incurring
structural damage to the building.
B. Plywood shall be a "marine" grade or a water-resistant variety.
C. Walls and ceilings in nonresidential structures shall have sufficient
wet strength and be so installed as to withstand inundation.
D. Window frames, door frames, door jambs and other components shall
be made of metal or other water-resistant material.
Where located at or below the regulatory flood elevation (RFE):
A. Adhesives shall have a bonding strength that is unaffected by inundation
(i.e., "marine" or water-resistant quality).
B. All wooden components (doors, trim, cabinets, etc.) shall be sealed
with a "marine" or water-resistant quality seal or similar product.
C. Paints or other finishes shall be capable of surviving inundation
(i.e., "marine" or water-resistant quality).
No materials that are buoyant, flammable, explosive, or in time
of flooding could be injurious to human, animal or plant life, shall
be stored below the regulatory flood elevation.
Where permitted within any floodplain area, 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 1 1/2
feet or more above the elevation of the one-hundred-year flood.
C. All manufactured homes and any additions thereto shall be anchored
to resist flotation, collapse or lateral movement by providing over-the-top
and frame ties to ground anchors in accordance with the following:
(1) Over-the-top ties shall be provided at each of the four corners of
the manufactured home, with five additional ties per side at intermediate
locations for units 50 feet or more in length, and four additional
ties per side for units less than 50 feet in length.
(2) Frame ties shall be provided at each corner of the manufactured home
with five additional ties per side at intermediate locations for units
50 feet or more in length and four additional ties per side for units
less than 50 feet in length.
(3) All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds, and resisting a minimum wind velocity of
90 miles per hour.
D. All manufactured homes and additions to them shall also be elevated
in accordance with the following requirements:
(1) The stands or lots shall be elevated on compacted fill or on pilings
so that the lowest floor of the manufactured home will be at least
1 1/2 feet above the base flood elevation.
(2) Adequate surface drainage is provided, as required by the Collegeville
Borough Subdivision and Land Development regulations, as amended.
(3) Where pilings are used for elevation, the lots shall be large enough
to permit steps; piling foundations shall be placed in stable soil
no more than 10 feet apart; reinforcement shall be provided for piling
that will extend for six feet or more above the ground level.
E. Placement of a manufactured home on a lot shall require a building
permit as required by the building code.
[Adopted 12-4-1996 by Ord. No. 436 (Part 6, Ch. 1, Art. B, Subarticle
2, of the 1985 Code of Ordinances)]
To ensure that the aforementioned flood damage controls are being employed in all new construction and improvements within the Floodplain Conservation District, the Building Inspector shall provide the applicant information concerning the location of the district boundaries relative to his proposed construction or improvements and the water surface elevation of the one-hundred-year flood at the proposed construction site. The source of the information concerning the district boundary shall be the Flood Insurance Study for the Borough of Collegeville prepared by the Federal Emergency Management Agency, Federal Insurance Administration cited in §
680-194A(1) of the Floodplain Conservation District, Collegeville Borough. The source for the information concerning the base flood elevation shall be the Flood Insurance Study for those floodplains where this study contains this information; for other floodplain areas, including the general floodplain as delineated on the Flood Insurance Rate Map which accompanies the Flood Insurance Study, the base flood elevation shall be determined as specified in the definition of "base flood elevation" in §
345-20.
In addition to the permit application requirements normally
required under the Borough of Collegeville building code, as amended, the Borough Building Inspector shall require
the following specific information to be included as part of the application
for a building permit:
A. For structures to be elevated:
(1) A plan showing the size of the proposed structure and its relation
to the lot where it is to be constructed.
(2) A determination of elevations of the existing ground, proposed finished
ground, and lowest floors certified by a registered professional engineer,
surveyor or architect.
(3) Plans showing the method of elevating the proposed structures, including
details of proposed fills, pile structures, retaining walls, foundations,
erosion protection measures, etc. When required by the Building Inspector,
these plans shall be prepared by a registered professional engineer
or architect.
(4) Plans showing the methods used to protect utilities (including sewer,
water, telephone, electric, gas, etc.) from flooding to an elevation
at least 1 1/2 feet above the base flood elevation at the building
site.
B. For structures to be floodproofed:
(1) Plans showing details of all floodproofing measures, prepared by
a registered professional engineer or architect, and showing the size
of the proposed structure and its relation to the lot where it is
to be constructed.
(2) A determination of elevations of existing ground, proposed finished
ground, lowest floors, and floodproofing limits; certified by a registered
professional engineer, surveyor or architect.
(3) A certificate prepared by the registered professional engineer or architect who prepared the plans in Subsection
B(1), above, that the structures in question, together with attendant utility and sanitary facilities, is designed so that:
(a)
Below an elevation 1 1/2 feet above the base flood elevation,
the structure is watertight with walls substantially impermeable to
the passage of water.
(b)
The structure will withstand the hydrostatic, hydrodynamic buoyant,
impact, and other forces resulting from the flood depths, velocities,
pressures, and other factors associated with the base flood.
A copy of all applications and plans for construction or development
in the Floodplain Conservation District to be considered for approval
shall be submitted by the Borough Building Inspector to the Montgomery
County Conservation District for review and comment prior to the issuance
of a building permit. The recommendations of the Conservation District
shall be considered by the Borough Building Inspector for possible
incorporation into the proposed plan.
Prior to the issuance of any building permit, the Borough Building
Inspector shall review the application for a permit to determine if
all other necessary government permits such as those required by state
and federal laws have been obtained, including those required by Act
537, the Pennsylvania Sewage Facilities Act, the Pennsylvania Water Obstruction Act of 1913, and the Federal Water Pollution Control Act Amendments
of 1972, Section 404, 33 U.S.C. § 1334. No permit shall
be issued until this determination has been made.
For purposes of implementation of these provisions, start of construction shall be considered as defined in the definition of "start of construction" in §
345-20 of this article.
The following are definitions which shall be used in making
reasonable interpretations of the provisions contained in the flood
damage control regulations:
ACCESSORY STRUCTURE
A structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal structure.
BASE FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this and other ordinances
have been prepared; for purposes of this article, the one-hundred-year
flood, as referenced in the current Collegeville Borough Flood Insurance
Study, prepared by the Federal Insurance Administration, Federal Emergency
Management Agency.
BASE FLOOD ELEVATION
The one-hundred-year flood elevation, as referenced in the Borough of Collegeville Flood Insurance Study, prepared by the Federal Insurance Administration, Federal Emergency Management Agency. Within the general floodplain as delineated in the Flood Insurance Study, the base flood elevation shall be established as described in the definition of "base flood elevation" in §
680-193B of the Collegeville Borough Zoning Ordinance, closest to the construction site in question.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of manufactured homes, streets and other paving, utilities,
mining, dredging, filling, grading, excavation or drilling operations,
or the storage of materials or equipment.
FLOOD
A temporary condition of partial or complete inundation of
normally dry land areas.
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. Such measures are set forth
in floodproofing regulations published by the Office of the Chief
Engineers, United States Army, publication number EP 1165 2 314 (June,
1972 and as subsequently amended). Floodproofing measures for all
new construction and substantial improvements of structures shall
satisfy the requirements of the Completely Dry Spaces (W1) and Essentially
Dry Spaces (W2) classes referenced in these regulations. In said publication
where reference is made to below (or above) the BFD (Base Flood Datum),
it shall be interpreted as meaning below (or above) the base flood
elevation.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
B.
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;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this article
or of the National Flood Insurance Program regulations.
MANUFACTURED OR MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis, which arrives at a site completed and
ready for occupancy except for minor or incidental unpacking and assembly
operations, and constructed so that it may be used with or without
a permanent foundation. The term includes park trailers, travel trailers,
recreational and other similar vehicles which are placed on a site
for more than 180 consecutive days.
NEW CONSTRUCTIONS
Structures for which the start of construction as herein
defined commenced on or after the effective date of this article.
This term does not apply to any work on a structure existing before
the effective date of this article.
ONE-HUNDRED-YEAR FLOOD
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in any one year. For the purposes of
this article, the one-hundred-year flood (base flood) as defined by
the Federal Insurance Administration, Federal Emergency Management
Agency in the Flood Insurance Study, Collegeville Borough.
START OF CONSTRUCTION
Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement or other
improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on the site, such as the pouring of slab or footings, the installation
of piles, the construction of columns or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, factories,
sheds, cabins, manufactured homes, modular homes and other similar
items.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals 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,
as defined herein, regardless of the actual repair work performed.
The term does not, however, include either:
A.
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;
or
B.
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's contained designation as a
historic structure.
[Added 6-4-2003 by Ord.
No. 495]
A. Inspection.
(1) After the date of adoption of this section, before the occupancy
of any real estate that had been previously occupied, an inspection
by the Collegeville-Trappe Joint Public Works Department shall be
held and a duly issued approval shall be required before the purchaser
can occupy the property; except that, as long as the premises remain
under the same ownership, no inspection or approval shall be required
when a single unit in a multifamily building, or a single room in
a rooming house, or a single office or store in a multi-leased premises,
is reoccupied. No inspection is required if tenancy on any rental
unit is changed.
(2) The required inspection shall be made by an employee of the Collegeville-Trappe
Joint Public Works Department, or other authorized agent of the Public
Works Department, upon application of the former owner, new owner
or agent.
(3) It shall be the responsibility of the seller to advise prospective
buyers that an inspection and approval by the Collegeville-Trappe
Joint Public Works Department are required before the premises can
be occupied or used.
(4) A fee in an amount to be determined from time to time by resolution
of the Collegeville-Trappe Municipal Authority shall be required upon
the filing of an application for inspection.
B. Conditions of inspection.
(1) The following conditions must be complied with prior to the approval
by the Collegeville-Trappe Municipal Authority:
(a)
A representative from the Collegeville-Trappe Joint Public Works
Department shall inspect sump pumps to insure proper connection and
that all surface water is properly directed from the sump area in
a manner approved by the Borough.
(b)
Sump pumps and other stormwater control facilities may not be
drained into the sanitary sewer system. All exterior sewer vents and
cleanouts will be inspected and shall be repaired if found to be deficient.
C. Procedure.
(1) All applications shall be made on a form provided by the Borough
of Collegeville and shall be filed in the Borough office during normal
Borough office business hours.
(2) The Collegeville-Trappe Joint Public Works Department representative
shall conduct the required inspection within 30 days of the receipt
of the application, and shall file findings on a form for such purpose
with the Director of the Collegeville-Trappe Joint Public Works Department
with a copy to the applicant.
(3) Occupancy will not be authorized until all of the discrepancies noted
in the inspection report dealing with the sump pump have been corrected
to CTMA standards.
D. Issuance and validity of permit.
(1) After the completion of the required inspection, an applicant shall
have 30 days to take corrective actions to bring the discrepancies
noted on the inspection report into conformance with applicable Borough
ordinances or codes. Reinspection of the corrected discrepancies may
be made within that period without need to file a new application.
(2) Once approval has been issued, it shall remain valid for the purpose
for a period of 180 days from the date of authorization. Failure to
occupy the residential property within the 180 days will require the
applicant to file for a new inspection.
E. Violations and penalties.
(1) Upon the sale of a any property, it shall be unlawful for any person
or persons to occupy as a dwelling any building, structure or premises
situated within the corporate limits of Collegeville Borough without
having first obtained authorization to do so issued by the Public
Works Department.
(2) It shall be unlawful for any person to offer for sale or rent any
residential structure situated within the corporate limits of the
Borough of Collegeville without informing the potential buyer of the
requirement of the Borough of Collegeville for the need for inspection
by the Collegeville-Trappe Joint Public Works Department and approval
being granted by that Department before the property can be occupied.
(3) Any person, firm, or corporation who shall violate any provision
of this inspection and authorization shall, upon conviction thereof,
be sentenced to pay a fine of not more than $1,000 plus costs, and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation continues shall constitute
a separate offense.