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.
(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.
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:
(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:
[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.
(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:
(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:
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:
(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;
(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.
(h)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, at a minimum, the following:
(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.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions. As used in this section, 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 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood" or "1% 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 1% or 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 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.
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 low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
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 programs 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
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.
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 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.
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 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.
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.
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 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.
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.
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.
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. 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.
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.
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.
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.
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.
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.
(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.
