[Adopted 10-11-1977 by Ord. No. 324[1]]
[1]
Editor's Note: This ordinance was adopted as an amendment
to the Borough's Building Code in conformance with Section 1910.3d
of the Federal Flood Insurance Program.
In order to prevent excessive damage to buildings and structures
due to flooding conditions, the following provisions shall apply to
all proposed construction or development occurring in the FP Floodplain
Conservation District designated in the West Conshohocken Borough
Zoning Ordinance, as amended.[1]
A.
All new construction and substantial improvements of structures shall
have the lowest floor, including the basement, elevated to at least
1 1/2 feet above the base flood elevation.
B.
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the base flood elevation.
C.
Existing structures located in a designated floodway shall not be
expanded or enlarged unless the effect of the proposed expansion or
enlargement on flood heights is fully offset by accompanying stream
improvements.
A.
All new construction and substantial improvements of nonresidential
structures shall have the lowest floor, including the basement, elevated
or floodproofed to at least 1 1/2 feet above the base flood elevation.
B.
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated or floodproofed to the
base flood elevation.
C.
Existing structures located in a designated floodway shall not be
expanded or enlarged unless the effect of the proposed expansion or
enlargement on flood heights is fully offset by accompanying stream
improvements.
[Amended 11-15-1977 by Ord. No. 327, approved 11-15-1977]
Structures located within the Floodplain Conservation District
may be rebuilt if destroyed by fire or other catastrophe, provided
that the reconstruction will not result in an increase in the base
flood elevation, as referenced in the Flood Insurance Study, West
Conshohocken Borough.
If fill is used to raise the finished surface of the first floor
1 1/2 feet above the base flood elevation, the following requirements
apply:
A.
Fill shall extend beyond a structure for a sufficient distance to
provide acceptable access. For residential structures, fill shall
extend laterally 15 feet beyond the building line from all points.
For nonresidential structures, fill shall be placed to provide access
acceptable for the intended use. At-grade access, with fill extending
laterally 15 feet beyond the building line, shall be provided to a
minimum of 25% of the perimeter of a nonresidential structure.
B.
Fill shall consist of soil or rock materials only.
C.
Fill material shall be compacted to provide the necessary stability
and resistance to erosion, scouring or settling.
D.
Fill slopes shall be no steeper than one vertical on two horizontal,
unless substantiating data justifying steeper slopes are submitted
to and approved by the Building Inspector.
E.
Fill shall be used only to the extent to which it does not adversely
affect adjacent properties.
All buildings and structures shall be constructed and placed
on the lot so as to offer the minimum obstruction to the flow of water.
In so doing, consideration shall be given to their effect upon the
flow and height of floodwaters.
A.
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or other movement, thus reducing the threat to life and property and
decreasing the possibility of the blockage of bridge openings and
other restricted sections of the watercourse.
B.
All air ducts, large pipes and storage tanks located at or below
the base flood elevation shall be firmly anchored in accordance with
accepted engineering practices to prevent flotation.
Where located at or below the base flood elevation:
A.
Wood flooring shall be installed to accommodate a lateral expansion
of the flooring, perpendicular to the flooring grain, without incurring
structural damage to the building.
B.
Plywood shall be of an exterior or marine grade and of a water-resistant
or waterproof variety.
C.
Walls and ceilings in nonresidential structures shall have sufficient
wet strength and be so installed as to survive inundation.
D.
Window frames, door frames, door jambs and other components shall
be made of metal or other water-resistant material.
A.
All electric water heaters, electric furnaces, electric air-conditioning
and ventilating systems and other electrical equipment or apparatus
shall be permitted only at elevations above the base flood elevation.
B.
No electrical distribution panels shall be allowed at an elevation
less than three feet above the base flood elevation.
C.
Separate electrical circuits shall serve lower levels and shall be
dropped from above.
A.
Water heaters, furnaces and other mechanical equipment or apparatus
shall be permitted only at elevations above the base flood elevation.
B.
All gas and oil supply systems shall be designed to preclude the
infiltration of floodwaters into the systems and discharges from the
systems into floodwaters. Additional provisions shall be made for
the drainage of these systems in the event that floodwater infiltration
occurs.
Where located at or below the base flood elevation:
A.
Adhesives shall have a bonding strength that is unaffected by inundation
(i.e. marine or water-resistant quality).
B.
All wooden components (doors, trim, cabinets, etc.) shall be sealed
with a marine or water-resistant quality or similar product.
C.
Paints or other finishes shall be capable of surviving inundation
(i.e. marine or water-resistant quality).
No materials that are buoyant, flammable, explosive or, in time
of flooding, could be injurious to human, animal or plant life shall
be stored below the base flood elevation.
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
A.
All manufactured homes and any additions thereto shall be anchored
to resist flotation, collapse or lateral movement by providing over-the-top
and frame ties to ground anchors in accordance with the following:
(1)
Over-the-top ties shall be provided at each of the four corners of
the manufactured home, with two additional ties per side at intermediate
locations for units 50 feet or more in length and one additional tie
per side for units less than 50 feet in length.
(2)
Frame ties shall be provided at each corner of the manufactured home,
with five additional ties per side at intermediate locations for units
50 feet or more in length and four additional ties per side for units
less than 50 feet in length.
(3)
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds and resisting a minimum wind velocity of 90
miles per hour.
B.
All manufactured homes and any additions thereto shall also be elevated
in accordance with the following requirements:
(1)
The stands or lots shall be elevated on compacted fill or on pilings
so that the lowest floor of the manufactured home will be at least
1 1/2 feet above the base flood elevation.
(3)
Adequate access for a hauler shall be provided.
(4)
Where pilings are used for elevation, the lots shall be large enough
to permit steps, piling foundations shall be placed in stable soil
no more than 10 feet apart and reinforcement shall be provided for
pilings that will extend for six feet or more above the ground level.
C.
An evacuation plan indicating alternate vehicular access and escape
routes shall be filed with the appropriate disaster preparedness authorities
for manufactured home parks and manufactured home subdivisions.
D.
Placement of a manufactured home on a lot or in a manufactured home
park shall require a building permit under this article.
A.
If compliance with the elevation or floodproofing requirements stated
in this article would result in an exceptional hardship for a prospective
builder, developer or landowner, the Borough Council may, upon request,
grant relief from the strict application of the requirement.
B.
Relief issued shall conform to the following general guidelines:
(1)
Any new residential structure or substantial improvement of a residential
structure which cannot be elevated to 1 1/2 feet above the base
flood elevation shall be elevated to the maximum extent possible and
floodproofed for the remaining height to the above-specified level
in accordance with the requirements established for the W1-W4 classes
in the Office of the Chief of Engineers, United States Army, publication
number EP 1165 2 314, June 1972, and as subsequently amended.
(2)
Any modification, alteration, reconstruction or improvement of any kind to an existing residential structure, to an extent or amount of less than 50% of its market value, which cannot be elevated and/or floodproofed to the base flood elevation shall be elevated to the maximum extent possible and floodproofed for the remaining height to the base flood elevation in accordance with the requirements established for the W3-W4 classes in the publication referenced in Subsection B(1) above.
(3)
Any new nonresidential structure or substantial improvement of a nonresidential structure which cannot be elevated or floodproofed to the required specifications shall be elevated to the maximum extent possible and floodproofed for the remaining height to at least 1 1/2 feet above the base flood elevation or floodproofed to at least 1 1/2 feet above the base flood elevation. The floodproofing measures shall satisfy the requirements of the W3-W4 classes in the publication referenced in Subsection B(1) above.
(4)
Any modification, alteration, reconstruction or improvement of any kind to an existing nonresidential structure, to an extent or amount of less than 50% of its market value, which cannot be elevated or floodproofed to the base flood elevation shall be elevated to the maximum extent possible and floodproofed for the remaining height to the base flood elevation or floodproofed to the base flood elevation. The floodproofing measures shall satisfy the requirements of the W3-W4 classes in the publication referenced in Subsection B(1) above.
C.
Requests for relief from the strict application of the provisions
of this article may be granted by the Borough in accordance with the
following procedures and criteria:
(1)
No relief shall be granted for any construction, development, use
or activity within any floodway that would cause any increase in the
base flood elevation.
(2)
If granted, relief shall involve only the least modification necessary.
(3)
In granting relief, the Borough may 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.
(5)
In reviewing any request for relief, the Borough shall consider,
but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the relief would result in exceptional
hardship to the applicant.
(c)
That the granting of the relief will not result in any unacceptable
or prohibited increased flood heights, additional threats to public
safety or extraordinary public expense; create nuisances; cause fraud
on or victimization of the public; or conflict with any other applicable
local or state ordinances and regulations.
(6)
A complete record of all requests for relief and related actions
shall be maintained by the Borough. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Emergency Management Agency (FEMA).
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
A.
Information supplied to applicant. To ensure that the aforementioned
flood damage controls are being employed in all new construction and
improvements within the Floodplain Conservation District, the Building
Inspector shall provide the applicant information concerning the location
of the district boundaries relative to his proposed construction or
improvements and the water surface elevation of the one-hundred-year
flood at the proposed construction site. The source of this information
shall be the Flood Insurance Study for West Conshohocken Borough as
prepared by the Federal Emergency Management Agency (FEMA).
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
B.
Plan requirements. In addition to the permit application requirements
normally required under the West Conshohocken Borough Building Code,
as amended,[1] the Borough Building Inspector shall require the following
specific information to be included as part of the application for
a building permit:
(1)
For structures to be elevated:
(a)
A plan showing the size of the proposed structure and its relation
to the lot where it is to be constructed.
(b)
A determination of elevations of the existing ground, proposed
finished ground and lowest floors, certified by a registered professional
engineer, surveyor or architect.
(c)
Plans showing the method of elevating the proposed structure,
including details of proposed fills, pile structures, retaining walls,
foundations, erosion protection measures, etc. When required by the
Building Inspector, these plans shall be prepared by a registered
professional engineer or architect.
(d)
Plans showing the methods used to protect utilities (including
sewer, water, telephone, electric, gas, etc.) from flooding to an
elevation at least 1 1/2 feet above the base flood elevation
at the building site.
[Amended 8-13-1985 by Ord. No. 367, approved 8-13-1985]
(2)
For structures to be floodproofed:
(a)
Plans showing details of all floodproofing measures, prepared
by a registered professional engineer or architect and showing the
size of the proposed structure and its relation to the lot where it
is to be constructed.
(b)
A determination of elevations of existing ground, proposed finished
ground, lowest floors and floodproofing limits, certified by a registered
professional engineer, surveyor or architect.
(c)
A certificate prepared by the registered professional engineer or architect who prepared the plans in Subsection B(2)(a) above, that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
[1]
Below an elevation 1 1/2 feet above the base of flood elevation,
the structure is watertight with walls substantially impermeable to
the passage of water.
[Amended 8-13-1985 by Ord. No. 367, approved 8-13-1985]
[2]
The structure will withstand the hydrostatic, hydrodynamic,
buoyant impact and other forces resulting from the flood depths, velocities,
pressures and other factors associated with the base flood.
(3)
For structures to be floodproofed in accordance with the W3-W4 class
requirements in the Office of the Chief of Engineers, United States
Army, publication number EP 1165 2 314, June 1972, and as subsequently
amended:
(a)
Plans showing details of all floodproofing measures, prepared
by a registered professional engineer or architect and showing the
size of the proposed structure and its relation to the lot where it
is to be constructed.
(b)
A determination of elevations of existing ground, proposed finished
ground, lowest floors and floodproofing limits, certified by a registered
professional engineer, surveyor or architect.
(c)
A certificate prepared by the registered professional engineer or architect who prepared the plans in Subsection B(3)(a) above that the structure in question, together with attendant utility and sanitary facilities, is designed to satisfy the floodproofing requirements of the W3-W4 classes in the above referenced publication.
C.
Review by County Conservation District. A copy of all applications
and plans for construction or development in the Floodplain Conservation
District to be considered for approval shall be submitted by the Borough
Building Inspector to the Montgomery County Conservation District
for review and comment prior to the issuance of a building permit.
The recommendations of the Conservation District shall be considered
by the Borough Building Inspector for possible incorporation into
the proposed plan.
D.
Other permit issuance requirements. Prior to the issuance of any
building permit, the Borough Building Inspector shall review the application
for a permit to determine if all other necessary governmental permits
such as those required by state and federal laws have been obtained,
including those required by Act 537, the Pennsylvania Sewage Facilities
Act, the Pennsylvania Water Obstruction Act of 1913 and the Federal
Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C.
1334. No permit shall be issued until this determination has been
made.
The following are definitions which shall be used in making
reasonable interpretations of the provisions of this article:
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this article and other
ordinances have been prepared; for purposes of this article, the one-hundred-year
flood, as referenced in the current West Conshohocken Borough Flood
Insurance Study prepared by the Federal Emergency Management Agency
(FEMA).
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
The one-hundred-year-flood elevation, as referenced in the
West Conshohocken Borough Flood Insurance Study prepared by the Federal
Emergency Management Agency (FEMA).
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Added 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures; the
placement of manufactured homes, streets and other paving, mining,
dredging, filling, grading, excavation or drilling operations, storage
of equipment or materials and the subdivision of land.
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
A temporary condition of partial or complete inundation of
normally dry land areas.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Such measures are set forth
in floodproofing regulations published by the Office of the Chief
Engineers, United States Army, publication number EP 1165 2 314, June
1972, and as subsequently amended. Floodproofing measures for all
new construction and substantial improvements of structures shall
satisfy the requirements of the Completely Dry Spaces (W1) and Essentially
Dry Spaces (W2) classes referenced in these regulations. In said publication,
where reference is made to "below (or above) the BFD" (base flood
datum), it shall be interpreted as meaning below (or above) the base
flood elevation. Said regulations are contained in the Building Code
of West Conshohocken Borough, as amended.
Any structure that is:
[Added 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
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 with historic preservation programs 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 by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure usable solely for parking
of vehicles, building access or storage in an area is not considered
a building's lowest floor, provided that such enclosure is not
built so as to render the structure in violation of the applicable
nonelevation design requirements of this article.
[Added 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one or more sections,
built on a permanent chassis, which arrives at a site completed and
ready for occupancy except for minor or incidental unpacking and assembly
operations and constructed so that it may be used with or without
a permanent foundation. The term includes park trailers, travel trailers,
recreational and other similar vehicles which are placed on a site
for more than 180 consecutive days.
[Added 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
A parcel of land which is planned and improved for the placement
of two or more manufactured homes for nontransient use.
[Added 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
Structures for which the start of construction, as herein
defined, commenced on or after the effective date of this article.
This term does not apply to any work on a structure existing before
the effective date of this article.
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in any one year; for the purposes of
this article, the one-hundred-year flood (base flood) as defined by
the Federal Emergency Management Agency (FEMA) in the Flood Insurance
Study, West Conshohocken Borough.
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
A vehicle which is:
[Added 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
Built on a single chassis,
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling, but
as temporary living quarters for recreational, camping, travel or
seasonal use.
The first placement of permanent construction of a structure,
other than a manufactured home, on a site, such as the pouring of
slabs or footings or any work beyond the stage of excavation. Permanent
construction does not include any 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 as
part of the main structure. For a structure, other than a manufactured
home, without a basement or poured footings, the "start of construction"
includes the first permanent framing or assembly of the structure
or any part thereof on its piling or foundation. For manufactured
homes not within a manufactured home park or manufactured home subdivision,
"start of construction" means the affixing of the manufactured home
to its permanent site. For manufactured homes within manufactured
home parks or manufactured home subdivisions, "start of construction"
is the date on which the construction of facilities for servicing
the site on which the manufactured home is to be affixed (including,
at a minimum, the construction of streets, either final site grading
or the pouring of concrete pads, and installation of utilities) is
completed.
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, factories,
sheds, cabins, manufactured homes, modular homes and other similar
items.
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions.
Any alteration of a structure listed on a national register
of historic places or a state inventory of historic places.
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 on rare occasions.
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 district, will be free from
flooding or flood damages.
B.
This article shall not create liability on the part of West Conshohocken
Borough or any officer or employee thereof for any flood damages that
result from reliance on this article or any administrative decision
lawfully made thereunder.
