The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Borough
Council of the Borough of Trappe does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
The intent of this article is to:
A.
Protect areas of the floodplain necessary to contain floodwaters.
B.
To permit only those uses in the floodplain that are compatible with
preserving natural conditions and stream flow.
C.
Promote the general health, welfare, and safety of the community
by preventing development in areas prone to flooding.
D.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
E.
Minimize danger to public health by protecting water supply and natural
drainage.
F.
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
G.
Comply with federal and state floodplain management requirements.
A.
The Floodplain Conservation District is defined and established as
a district applicable to those areas of the Borough of Trappe subject
to inundation by the waters of the 100-year flood as delineated on
the Flood Insurance Rate Map (FIRM) for Montgomery County, Pennsylvania,
as prepared by the Federal Emergency Management Agency, dated March
2, 2016, and subsequent revisions thereto. Said floodplain areas shall
consist of the following three specific areas:
(1)
FW (floodway area). The areas identified as "floodway" in the
AE Zone in the Flood Insurance Study prepared by the FEMA. The term
shall also include floodway areas which have been identified in other
available studies or sources of information for those floodplain areas
where no floodway has been identified in the Flood Insurance Study.
(2)
FF (flood-fringe area). The remaining portions of the 100-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study, where a floodway has been delineated. The basis for the outermost
boundary of this area shall be the 100-year flood elevations as shown
in the flood profiles contained in the Flood Insurance Study.
(3)
FA (general floodplain area). The areas identified as Zone A
in the Flood Insurance Study for which no 100-year flood elevations
have been provided. When available, information from other federal,
state, and other acceptable sources shall be used to determine the
100-year elevation, as well as a floodway area, if possible. When
no other information is available, the 100-year elevation shall be
determined by using a point on the boundary of the identified floodplain
area which is nearest the construction site in question. In lieu of
the above, 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, computation, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the Borough.
B.
In addition and except where this article prescribes greater setbacks due to the boundaries of the floodplain as defined in Subsection A, the minimum setback from any watercourse for a structure shall be 50 feet landward from the top-of-bank.
C.
Soils with a frequency of flooding of 1% or greater per year, as
delineated by the Natural Resources Conservation Service, United States
Department of Agriculture web-based soil survey (available online
at http://websoilsurvey.nrcs.usda.gov), including the following soils:
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Bowmansville (Bo)
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Knauers (Bo)
|
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Gilbraltar (Gc)
|
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Hatboro (Ha)
|
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Rowland (Rt)
|
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Rowland (RwA)
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Rowland (RwB)
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Urban land occasionally flooded (UIA)
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D.
In lieu of the above, the Borough of Trappe may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
E.
The Floodplain Conservation District shall be delineated according to FEMA's Flood Insurance Rate Map (FIRM) for the Borough of Trappe, which is hereby made a part of this article, and additional area based on soils as described in § 340-272, Applicability, of this article. The FIRM is available for inspection at the municipal office.
F.
The Floodplain Conservation District shall be deemed an overlay on
any zoning district now or hereafter applicable to any lot.
G.
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 Borough of Trappe unless a permit has been obtained
from the Floodplain Administrator.
H.
A permit shall not be required for minor repairs to existing buildings
or structures.
This article supersedes any other conflicting provisions which
may be in effect in the Floodplain Conservation District. However,
any other ordinance provisions shall remain in full force and effect
to the extent that those provisions are more restrictive. If there
is any conflict between any of the provisions of this article, the
more restrictive shall apply.
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
A.
The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This article does not imply
that areas outside the Floodplain Conservation District, or that land
uses permitted within such areas, will be free from flooding or flood
damages.
B.
This article shall not create liability on the part of the Borough
of Trappe or any officer or employee thereof for any flood damages
that result from reliance on this article or any administrative decision
lawfully made thereunder.
A.
Interpretation. Unless specifically defined below, words and phrases
used in this article shall be interpreted so as to give this article
its most reasonable application.
B.
100-YEAR FLOOD
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXISTING STRUCTURE/EXISTING CONSTRUCTION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
FLOODWAY FRINGE
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(a)
(b)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REDEVELOPMENT AREA
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL FLOODPLAIN AREA
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions. As used in this article, the following terms
shall have the meanings indicated:
The flood having a 1% chance of being equaled or exceeded
in any given year. Also referred to as the "100% frequency flood"
or the "base flood," as defined by FEMA in the Flood Insurance Study
for the Borough of Trappe.
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").
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. The BFE is also shown on the FIS profile
and can be determined for Zone A floodplains.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to subdivision of land; construction, reconstruction,
renovation, repair, expansion, or alteration of buildings or other
structures; the placement of manufactured homes; streets and other
paving; utilities; fill; grading and excavation; mining; dredging;
drilling operations; or storage of equipment or materials.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
A structure for which the start of construction commenced
before the effective date of the FIRM.
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 or Federal Insurance Administration 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 Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduces or eliminates
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the 100-year flood.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Pennsylvania Historical and Museum Commission (PHMC)
as meeting the criteria for individual listing on the National Register;
Certified or preliminarily determined by the Pennsylvania Historical
and Museum Commission (PHMC) as contributing to the historical significance
of a National Register historic district or a district preliminarily
determined by the PHMC to be eligible to qualify for listing in the
National Register; or
Designated as historic by a municipal ordinance:
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code;[1] or
Located in a local historic district that has been certified
by the Pennsylvania Historical and Museum Commission as meeting the
requirements of the Pennsylvania Historic District Act.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for the parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this article.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after January 20, 1982, and includes any subsequent improvements
thereto.
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 FIRM dated January 20, 1982, whichever is later, and as such
would be required to be compliant with the regulations of the NFIP.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial FIRM dated January 20, 1982, and as such would not be required
to be compliant with the regulations of the NFIP.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
A census tract or group of census tracts eligible for the
Montgomery County Revitalization Program and identified in the adopted
municipal revitalization plan.
The elevation to which development is regulated for purposes
of elevation and/or dry floodproofing. It is equal to the base flood
elevation (BFE) plus a freeboard of one foot.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period, for which the cost of repairs
at the time of each such flood event, on average, equals or exceeds
25% of the market value of the structure before the damages occurred.
An area in the floodplain subject to a 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.
The areas identified as Zone AE in the Flood Insurance Study,
where 100-year flood elevations have been provided, but no floodway
has been delineated.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all or a designated portion of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above the ground, as well as a manufactured
home.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage (or repetitive loss when a repetitive loss provision is used) regardless of the actual repair work performed. The term does not, however include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. For alteration of historic structures, see § 340-285, Improvements to existing structures, of this article.
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 with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The Floodplain Conservation District shall be any areas of Borough
of Trappe classified as special flood hazard areas (SFHAs) in the
Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate
Maps (FIRMs) dated March 2, 2016, and issued by the Federal Emergency
Management Agency (FEMA), or the most recent revision thereof, including
all digital data developed as part of the Flood Insurance Study.
B.
The Floodplain Conservation District shall also include areas with soils listed in § 340-272, Applicability, of this article, along with any community-identified flood hazard areas.
C.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Borough of Trappe and declared
to be a part of this article.
The Floodplain Conservation District shall consist of the following
specific areas/districts:
A.
The Floodway Area/District shall be those areas identified as floodway
on the FIRM as well as those floodway areas which have been identified
in other available studies or sources of information for those special
floodplain areas where no floodway has been identified in the FIS.
The floodway represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point.
(1)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(2)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection
Regional Office.
B.
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA and for which base
flood elevations have been provided. 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.
(1)
In an AE Area/District, no new development shall be permitted
unless it can be demonstrated that the cumulative effect of all past
and projected development will not increase the BFE by more than one
foot.
(2)
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District unless it is demonstrated
that the cumulative effect of the proposed development would not,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
C.
The AE Area/District Without Floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
(1)
In an AE Area/District Without Floodway, no new development
shall be permitted unless it can be demonstrated that the cumulative
effect of all past and projected development will not increase the
BFE by more than one foot.
(2)
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District Without Floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
D.
Community-identified flood hazard areas shall be those areas where
the Borough of Trappe has identified local flood hazard or ponding
areas, as delineated and adopted on a Local Flood Hazard Map using
best available topographic data and locally derived information such
as flood of record, historic high-water marks, soils or approximate
study methodologies.
E.
The A Area/District shall be the areas identified as an A Zone on
the FIRM included in the FIS prepared by FEMA and for which no 1%
annual chance flood elevations have been provided. For these areas,
elevation and floodway information from other federal, state, or other
acceptable source shall be used when available. Where other acceptable
information is not available, the elevation shall be determined by
using the elevation of a point on the boundary of the Floodplain Conservation
District which is nearest the construction site. In lieu of the above,
the municipality may require the applicant to determine the elevation
with hydrologic and hydraulic engineering techniques. Hydrologic and
hydraulic analyses shall be undertaken only by professional engineers
or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the municipality.
F.
The Shallow Flooding Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by 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.
The Floodplain Conservation District 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, approval must be obtained from FEMA. Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify FEMA
of the changes by submitting technical or scientific data.
Should a dispute concerning the Floodplain Conservation District
boundaries arise, an initial determination shall be made by the Zoning
Officer:
A.
Any party aggrieved by this decision, claiming the criteria used for delineating the boundary as defined in § 340-278, Description and special requirements of Floodplain Conservation District, herein, is or has become incorrect because of changes due to natural or other causes, may appeal to the Zoning Hearing Board as provided in § 340-310, Appeals, of this article.
B.
The burden of proof with respect to going forward with the evidence
and with respect to the burden of persuasion shall be on the appellant.
C.
Insofar as various natural conditions, including the Floodplain Conservation
District as herein defined, may change, such changes may be validated
by detailed on-site survey techniques approved by the Federal Emergency
Management Agency (FEMA). Whether a proposed use is within the Floodplain
Conservation District, as shown on the Floodplain Conservation District
Map, shall, upon appeal from the decision of the Zoning Officer, be
determined by the Zoning Hearing Board, upon receipt of the findings
of the detailed on-site survey by the petitioner. The Zoning Hearing
Board, in addition to other evidence and standards, may consider the
recommendations of the Trappe Planning Commission and the validation
of the Federal Emergency Management Agency (FEMA) and/or other municipal
agencies.
D.
All changes to the boundaries of the Floodplain Conservation District
are subject to the review and approval of the Federal Emergency Management
Agency (FEMA).
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
community shall review flood hazard data affecting the lands subject
to boundary changes. The community shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR 60.3.
The following uses are permitted by right in the Floodplain
Conservation District in compliance with the requirements of this
article:
A.
Up to half of any required yard setback area on an individual residential
lot may extend into the Floodplain Conservation District.
C.
Forestry operations reviewed by the Montgomery County Conservation
District.
D.
The following floodplain crossings are permitted, provided that disturbance
to any existing woodlands and degradation of water quality are minimized
to the greatest extent practicable:
E.
Agricultural uses conducted in compliance with methods prescribed
in the latest version of the Department of Environmental Protection's
Erosion and Sediment Pollution Control Manual. In the event that the
municipality has a riparian corridor conservation district or similar
regulation, the more restrictive regulation shall apply.
F.
Public sewer and/or waterlines and public utility transmission lines
running along the corridor.
Any use or activity not authorized within § 340-282, Uses permitted by right, herein shall be prohibited within the Floodplain Conservation District, and the following activities and facilities are specifically prohibited, except for as part of a redevelopment project in compliance with § 340-282 herein:
A.
No new construction, alteration, or improvement of buildings and
any other type of permanent structure, including fences, shall be
permitted in the floodway or the 100-year floodplain.
B.
Placement of fill within the 100-year floodplain is prohibited.
C.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse.
D.
The clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 340-282, Uses permitted by right, herein, and where the effects of these actions are mitigated by reestablishment of vegetation.
E.
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards.
F.
Roads or driveways, except where permitted as corridor crossings in compliance with § 340-282, Uses permitted by right, herein.
G.
Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume.
H.
Parking lots.
I.
Subsurface sewage disposal areas.
J.
Sod farming.
K.
Stormwater basins, including necessary berms and outfall facilities.
Following the adoption of this article, any use or structure which is situated within the boundaries of the FP Floodplain Conservation District and which does not conform to the permitted uses specified in § 340-282, Uses permitted by right, herein, shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this article. As a nonconforming use or structure, it shall be governed by the provisions of §§ 340-286, Variances, 340-289, Conditional use, and 340-290, Variance conditions, of this article, this chapter and the Trappe Borough Building Code.[1]
The following provisions shall apply whenever any improvement
is made to an existing structure located within any Floodplain Conservation
District:
A.
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the base flood elevation.
B.
No expansion or enlargement of an existing structure shall be allowed within any AE Area/District with floodway, as defined in § 340-278, Description and special requirements of Floodplain Conservation District, that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C.
No expansion or enlargement of an existing structure shall be undertaken
in the direction of the stream bank.
D.
Any modification, alteration, reconstruction, or improvement, of
any kind to an existing structure, to an extent or amount of 50% or
more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
E.
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 the
ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
F.
The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the 2006 IBC and the 2006 IRC.
G.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this article.
A.
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Borough of Trappe may, upon request, grant relief
from the strict application of the requirements.
B.
For a use other than those permitted in § 340-282, Uses permitted by right, of this article, an application seeking approval by variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
C.
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
D.
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.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in flood hazard areas where base flood elevation data are not available,
shall be supported by hydrologic and hydraulic engineering analyses
that determine base flood elevations and floodway information. The
analyses shall be prepared by a licensed professional engineer in
a format required by FEMA for a conditional letter of map revision
or letter of map revision.
A.
Within the Floodplain Conservation District, manufactured homes shall
be prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
B.
Where permitted by variance within the Floodplain Conservation District,
all manufactured homes, and any improvements thereto, shall be:
C.
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2006 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, shall apply and 34 Pa. Code Chapters 401
through 405.
D.
Consideration shall be given to the installation requirements of
the 2006 IBC and the 2006 IRC, or the most recent revisions thereto,
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 installation.
E.
A recreational vehicle placed within the Floodplain Conservation
District must meet the elevation and anchoring requirements for manufactured
homes, unless it is:
All applications for approval by conditional use shall be considered
using the following standards:
A.
The Borough Council shall hold a public hearing within 60 days after an application is filed. Public notice of the hearing shall be given in accordance with Article XIV, Zoning Hearing Board.
B.
The Borough shall request the review and recommendations of the Federal
Emergency Management Agency.
C.
The Borough shall request, at least 30 days prior to the public hearing,
the review and recommendations of the Trappe Borough Planning Commission.
D.
The Borough shall request, at least 30 days prior to a public hearing,
the review and recommendations of technical agencies such as the Montgomery
County Planning Commission, the Perkiomen Watershed Association, and
other planning agencies as necessary to assist in determining the
environmental impact of the proposed use(s).
E.
The Borough shall render a decision within 45 days after the public
hearing, except that one continuance of 30 days shall be permitted.
F.
In rendering a decision, the Borough may impose special measures
or conditions as deemed reasonably necessary and appropriate for the
proposed use(s) to conform with the intent of this article.
G.
The Borough Council shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives in § 340-271, Intent, herein. In considering a use as a conditional use, the Borough Council shall consider the following:
(1)
The effect of the use shall not substantially alter the cross-sectional
profile of the streams and floodplains at the location of the proposed
use.
(2)
Lands abutting the waterway, both upstream and downstream, shall
not be unreasonably affected by the proposed use.
(3)
The general welfare or public interest of Trappe Borough or
of other municipalities in the same watershed shall not be adversely
affected.
(4)
Any structure or addition to an existing structure permitted
by conditional use shall be constructed and placed on the lot 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.
(a)
Residential structures shall be elevated in accordance with
the provisions contained in the Borough of Trappe Building Code, as
amended.
(b)
All other structures or additions to existing structures shall
be elevated to the greatest extent possible according to the provisions
contained in the Borough of Trappe Building Code, as amended. However,
any portion of the structure not so elevated shall be floodproofed,
also in accordance with the Borough Building Code, as amended.
(5)
For any development or structure permitted by conditional use,
the following shall apply:
(a)
All such structures shall be firmly anchored in accordance with
accepted engineering practices to prevent flotation, collapse or lateral
movement.
(b)
All such structures shall be constructed so as to prevent the
entrance of floodwaters into the water supply and waste treatment
systems as well as other utility and facility systems. In addition,
waste treatment systems shall be designed to minimize or eliminate
discharges from the system into the floodwaters.
(c)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Emergency Management Agency
and the Pennsylvania Department of Community and Economic Development,
Bureau of Community Planning, shall be notified prior to any alteration
or relocation of any watercourse.
(d)
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 chapter and any other
applicable codes, ordinances and regulations.
(e)
With any FW (Floodway Area), the following provisions apply:
[1]
Any new construction, development, use, activity, or encroachment
that would cause any increase in 100-year flood heights shall be prohibited.
[2]
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection,
Bureau of Dams, Waterways and Wetlands.
(6)
Within any FA (General Floodplain Area), the following provisions
apply: No new construction or development shall be located within
the area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection,
Bureau of Dams, Waterways and Wetlands.
H.
An affirmative decision shall not be issued by the Borough for an
application within the designated floodway unless the effect of such
proposed activity on 100-year flood heights is fully offset by accompanying
stream improvements.
I.
The Borough shall notify the applicant, in writing, that the issuance
of a decision to allow construction of a structure below the base
flood elevation will result in increased premium rates for flood insurance;
such construction below the base flood elevation increases risks to
life and property. Such notification shall be maintained with a record
of all decisions as required.
J.
The Borough shall maintain a record of all decisions, including justification
for their issuance, and report such decisions issued in the annual
report submitted to the Federal Emergency Management Agency.
A.
If granted, a variance shall involve only the least modification
necessary to provide relief.
B.
In granting any variance, the Zoning Hearing Board shall attach the
reasonable conditions and safeguards outlined herein. These conditions
and safeguards are necessary in order to protect the public health,
safety, and welfare of the residents of the municipality.
D.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause, including:
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
(b)
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)
That the granting of the variance will neither:
E.
A complete record of all variance requests and related actions shall
be maintained by the Borough of Trappe. In addition, a report of all
variances granted during the year shall be included in the biennial
report to FEMA.
In granting any variance, the Borough of Trappe shall attach
the following technical provisions to the proposal for which the variance
has been granted. These conditions and safeguards are necessary in
order to protect the public health, safety, and welfare of the residents
of the municipality.
A.
Pertaining to the alteration or relocation of watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office.
(2)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
B.
The municipality shall require technical or scientific data to be
submitted to FEMA for a letter of map revision (LOMR) within six months
of the completion of any new construction, development, or other activity
resulting in changes in the BFE. A LOMR or conditional letter of map
revision (CLOMR) is required for:
(1)
Any development that causes a rise in the base flood elevations
within the floodway; or
(2)
Any development occurring in 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
(3)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
C.
Any new construction, development, uses or activities allowed by
variance within any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this article
and any other applicable codes, ordinances and regulations. In addition,
when such development is proposed within the area measured 50 feet
landward from the top-of-bank of any watercourse, a permit shall be
obtained from the Department of Environmental Protection Regional
Office.
A.
Residential structures.
(1)
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. The design and construction
standards and specifications contained in the 2006 International Building
Code (IBC) and in the 2006 International Residential Code (IRC) or
the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters
401 through 405, as amended) shall be used.
(2)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation determined in accordance with § 340-278, Description and special requirements of floodplain conservation district, of this article.
(3)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the most recent revisions thereof, and
ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall
be utilized.
B.
Nonresidential structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to or above the regulatory flood
elevation or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(2)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to or above the regulatory flood elevation determined in accordance with § 340-278, Description and special requirements of floodplain conservation district, of this article.
(3)
In AO Zones, any new construction or substantial improvement
shall have its lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified on the FIRM.
(4)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. 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.
(5)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the most recent revisions thereof, and
ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall
be used.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect or meet or exceed
the following minimum criteria:
(a)
Minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottoms of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
D.
Accessory structures.
(1)
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 100 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
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or
meet or exceed the following minimum criteria:
[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.
A.
Development that may endanger human life. In accordance with the
Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances; or will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or will involve
the production, storage, or use of any amount of radioactive substances
shall be subject to the provisions of this section in addition to
all other applicable provisions. The following is a list of materials
and substances that are considered dangerous to human life:
|
Acetone
|
|
Ammonia
|
|
Benzene
|
|
Calcium carbide
|
|
Carbon disulfide
|
|
Celluloid Chlorine
|
|
Hydrochloric acid
|
|
Hydrocyanic acid
|
|
Magnesium
|
|
Nitric acid and oxides of nitrogen
|
|
Pesticides (including insecticides, fungicides, and
rodenticides)
|
|
Petroleum products (gasoline, fuel oil, etc.)
|
|
Phosphorus
|
|
Potassium
|
|
Radioactive substances, insofar as such substances
are not otherwise regulated
|
|
Sodium
|
|
Sulphur and sulphur products
|
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
New or substantially improved structure.
(1)
Where permitted by a variance within the floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be:
(2)
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 "Floodproofing Regulations (U.S. Army Corps of
Engineers, June 1972, as amended March 1992), or with some other equivalent
watertight standard.
The following minimum standards shall apply for all construction
and development proposed within any Floodplain Conservation District:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points;
(2)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(4)
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to and
approved by the Floodplain Administrator; and
(5)
Be used to the extent to which it does not adversely affect
adjacent properties.
B.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located within
any Floodplain Conservation District except in strict compliance with
all state and local regulations for such systems. If any such system
is permitted, it shall be located so as to avoid impairment to it,
or contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA No.
348, Protecting Building Utilities From Flood Damages, and the International
Private Sewage Disposal Code shall be utilized.
D.
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 340-293, Special technical requirements, of this article, Subsection A, Development that may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G.
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without causing structural damage
to the building.
(2)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
J.
Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
L.
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
M.
Fuel supply systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform Construction Code coordination. The standards and specifications
contained 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/or supplement the requirements
of this article:
(1)
International Building Code (IBC) 2006, or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612 and 3402 and Appendix
G.
(2)
International Residential Building Code (IRC) 2006, or the latest
edition thereof: Sections R104, R105, R109, and R323, Appendix AE101,
Appendix E and Appendix J.
In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[1] the activities indicated in this section shall be prohibited within any Floodplain Conservation District unless a special permit has been obtained. In order to apply for a special permit, a variance must first be obtained, as outlined in § 340-290, Variance conditions, of this article.
B.
The commencement of, or any construction of, a new manufactured home
park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
Applicants for special permits shall provide five copies of
the following items:
A.
A written request, including a completed special permit application
form.
B.
A small-scale map showing the vicinity in which the proposed site
is located.
C.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date;
(2)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(3)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
(4)
The locations of all existing streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(5)
The locations of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting or affected by the proposed activity or development;
(6)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water, including directions and velocities;
(7)
The locations of all proposed buildings, structures, utilities,
and any other improvements; and
(8)
Any other information which the municipality considers necessary
for adequate review of the application.
D.
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, showing the following:
(1)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation;
(4)
Detailed information concerning any proposed floodproofing measures;
(5)
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(6)
Profile drawings for all proposed streets, drives, and vehicular
accessways, including existing and proposed grades; and
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood elevation;
(3)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person, which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood elevation, including a statement concerning the effects
such pollution may have on human life;
(4)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation elevations and flows;
(5)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation and the effects such materials and debris
may have on base flood elevation elevations and flows;
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(7)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control;
(8)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
(9)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
Upon receipt of an application for a special permit by the Borough of Trappe, the following procedures shall apply in addition to those of Article XIII, Administration:
A.
Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the Borough of Trappe Planning
Commission and Borough of Trappe Engineer for review and comment.
B.
If an application is received that is incomplete, the Borough of
Trappe shall notify the applicant, in writing, stating in what respect
the application is deficient.
C.
If the Borough of Trappe decides to disapprove an application, it
shall notify the applicant, in writing, of the reasons for the disapproval.
D.
If the Borough of Trappe 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.
E.
Before issuing the special permit, the Borough of Trappe 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 of Trappe.
F.
If the Borough of Trappe 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.
G.
If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify the Borough of Trappe
and the applicant, in writing, of the reasons for the disapproval,
and the Borough of Trappe shall not issue the special permit.
A.
In addition to the requirements of Article XIII, Administration, Article XVII, General Provisions, and Article XVIII, Additional Requirements for Specific Uses, of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Articles XIII, XVII, and XVIII of this chapter or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
B.
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:
(1)
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:
(a)
The structure will survive inundation by waters of the base
flood elevation without any lateral movement or damage to either the
structure itself or to any of its equipment or contents below the
BFE.
(b)
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above the base flood elevation.
(c)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood elevation.
(2)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
C.
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 of Trappe and the Department of Community and
Economic Development.
The Borough of Trappe Engineer is hereby appointed to administer
and enforce this article and is referred to herein as the "Floodplain
Administrator."
A permit shall be required before any construction or development is undertaken within the Floodplain Conservation District. In the case of a proposed hospital, nursing home, jail, prison, hotel or manufactured home park, the permit referred to here would be the special permit of Article XIV, Zoning Hearing Board.
A.
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this chapter and all other applicable
codes and ordinance.
B.
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
C.
In the case of existing structures, prior to the issuance of any
development permit, the Floodplain Administrator shall review the
history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
D.
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. The Floodplain Administrator shall make as many inspections
during and upon completion of the work as are necessary.
E.
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the Floodplain Conservation District, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
F.
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Borough Council for whatever action it
considers necessary.
G.
The Floodplain Administrator shall maintain all records associated
with the requirements of this article, including, but not limited
to, permitting, inspection and enforcement.
H.
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2006 IBC and the 2006 IRC, or latest revisions
thereof.
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Borough of Trappe. Such application
shall contain the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the land on which proposed
construction is to occur.
(3)
The name and address of the contractor.
(4)
The site location, including address.
(5)
A listing of other permits or variances required.
(6)
A 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.
B.
If any proposed construction or development is located entirely or
partially within any Floodplain Conservation District, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(1)
All such proposals are consistent with the need to minimize
flood damage and conform to the requirements of this chapter and all
other applicable codes and ordinances.
(2)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage.
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(4)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(5)
Building materials are flood-resistant.
(6)
Appropriate practices that minimize flood damage have been used.
(7)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The locations of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The locations of all existing streets, drives, and other accessways;
and
(e)
The locations of any existing bodies of water or watercourses,
the Floodplain Conservation District, and, if available, information
pertaining to the floodway and the flow of water, including directions
and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at a scale of one inch being equal to 100 feet or less, showing
the following:
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation, and detailed information concerning any
proposed floodproofing measures and corresponding elevations.
(b)
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.
(c)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood elevation.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
(d)
Detailed information needed to determine compliance with §§ 340-294, Design and construction standards, Subsection F, Storage, and 340-293, Special technical requirements, Subsection A, Development that may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances
referred to in the above-referenced sections which are intended to
be used, produced, stored or otherwise maintained on site.
[2]
A description of the safeguards incorporated into the design
of the proposed structure to prevent leaks or spills of the dangerous
materials or substances listed in the above-referenced sections during
a base flood.
(e)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(f)
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.
(5)
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the Floodplain Administration.
A copy of all applications and plans for any proposed construction
or development in any Floodplain Conservation District to be considered
for approval shall be submitted by the Floodplain Administrator to
the County Conservation District for review and comment prior to the
issuance of a permit. The recommendations of the Conservation District
shall be considered by the Floodplain Administrator for possible incorporation
into the proposed plan.
A copy of all plans and applications for any proposed construction
or development in any Floodplain Conservation District to be considered
for approval may be submitted by the Floodplain Administrator to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Municipal Engineer, etc.) for review and comment.
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 Floodplain Administrator for
consideration.
In addition to the permit, the Floodplain Administrator shall
issue a placard which shall be displayed on the premises during the
time construction is in progress. This placard shall show the number
of the permit and the date of its issuance and be signed by the Floodplain
Administrator.
Work on the proposed construction shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The term "start of construction" shall be understood as defined in § 340-276, Definitions, of this article. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.
Whenever the Floodplain Administrator or other authorized municipal
representative determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this article
or of any regulations adopted pursuant thereto, the Floodplain Administrator
shall give notice of such alleged violation as hereinafter provided.
Such notice shall:
A.
Be in writing;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires;
D.
Be served upon the property owner or his agent as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this state;
E.
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this article.
Any person who fails to comply with any or all of the requirements
or provisions of this article or who fails or refuses to comply with
any notice, order of direction of the Floodplain Administrator or
any other authorized employee of the municipality shall pay a fine
to the Borough of Trappe of not less than $500 nor more than $1,000
plus costs of prosecution. In addition to the above penalties, all
other actions are hereby reserved, including an action in equity for
the proper enforcement of this article. The imposition of a fine or
penalty for any violation of, or noncompliance with, this article
shall not excuse the violation or noncompliance or permit it to continue,
and all such persons shall be required to correct or remedy such violations
and noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated in noncompliance with this article may be declared
by the Borough Council to be a public nuisance and abatable as such.
A.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article may appeal to the Borough Council. Such appeal must be filed,
in writing, within 30 days after the decision, determination or action
of the Floodplain Administrator.
B.
Upon receipt of such appeal the Borough Council shall set a time
and place, within not less than 10 or not more than 30 days, for the
purpose of considering the appeal. Notice of the time and place at
which the appeal will be considered shall be given to all parties.
No vacant land shall be occupied or used and no building hereafter
erected, altered or moved on the floodplains of any river or stream
shall be occupied until a certificate of compliance shall have been
issued by the Building Inspector (the Zoning Officer). The Building
Inspector (Zoning Officer) shall request the applicant to submit a
certification by a registered professional engineer or land surveyor
that the finished fill, lowest building floor elevations, floodproofing
measures, or other flood-protection factors were accomplished in compliance
with the provisions of this article. The Building Inspector (Zoning
Officer) shall, within 10 days after receipt of such certification
from the applicant, issue a certification of compliance only if the
building or premises and the proposed use thereof conform with all
the requirements of this article.
The granting of a building permit or approval of a subdivision
or land development plan in or near the Floodplain Conservation District
shall not constitute a representation, guarantee or warranty of any
kind by the municipality or by an official or employee thereof of
the practicability of safety of the proposed use and shall create
no liability upon Trappe Borough, its officials, or employees. The
degree of flood protection intended to be provided by this article
is considered reasonable for regulatory purposes and is based on engineering
and scientific methods of study. This article does not imply that
areas outside Floodplain Conservation District boundaries or land
uses permitted within such districts will always be totally free from
flooding or flood hazards.
All ordinances or parts of ordinances inconsistent herewith
or in conflict with any of the specific terms enacted hereby, to the
extent of said inconsistencies or conflicts, are hereby specifically
repealed.
This article shall become effective five days after its enactment.
