Glenolden City Zoning Code
ARTICLE VII
Floodplain Conservation District
§ 162-37 Legislative intent.
The specific intent of the regulations contained in this article is:
A.
To provide additional regulations covering the construction of improvements in locations where they would likely be damaged by floods or where they would be washed away and cause damage to downstream properties.
B.
To prevent encroachments on the floodplain which would cause damage to other properties on the watercourse by increasing the height or the velocity of floods.
C.
To prevent pollution of watercourses during floods by preventing the placing or storing in the floodway of unsanitary or dangerous substances.
D.
To prevent excessive development in areas unfit therefor by reasons of flooding, unsanitary conditions and related hazards.
E.
To minimize the danger to public health by protecting water supply and natural drainage.
F.
To protect and promote the general health, welfare and safety of property owners in and near streams and areas subject to flooding in the Borough of Glenolden and neighboring municipalities.
G.
This article supersedes any other conflicting provision which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this article, the more restrictive shall apply.
[Added 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
§ 162-37.1 Definitions.
[Added 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
As used in this article, the following terms shall have the meanings indicated:
Any area of the building having its floor below ground level on all sides.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and evacuation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this article, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
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 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 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:
The lowest floor of the lowest fully enclosed area (including basement).
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on site for more than 180 consecutive days.
A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
Structures for which the start of construction commenced on or after November 11, 1981, and includes any subsequent improvements thereto.
A vehicle which is:
Built on a single chassis;
Not more then 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck;
Not designed for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
The one-hundred-year flood elevation level plus freeboard safety factor of 1 1/2 feet.
Anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, sheds, manufactured homes, and other similar items.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its predamaged 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, regardless of the actual repair work performed. The term does not include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
§ 162-38 Establishment of floodplain.
[Amended 1-12-1984 by Ord. No. 887]
A.
The identified floodplain area shall be any areas of the Borough of Glenolden subject to the one-hundred-year flood, which is identified as Zone A (area of special flood hazard) in the Flood Insurance Study (FIS) dated November 18, 2009, and the accompanying maps or the most recent revision thereof as issued by the Federal Emergency Management Agency, including all digital data developed as part of the Flood Insurance Study.
[Amended 8-12-1993 by Ord. No. 999, approved 8-12-1993; 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
B.
The Borough Engineer shall establish the elevation of the floodplain boundaries in any portion of the floodplain on which there is an inquiry, by one of two methods, as follows:
(1)
If there is an elevation appearing on the FIRM at or very close to the portion of the floodplain in question, the Borough Engineer shall indicate this elevation in answer to the inquiry.
(2)
If there are no elevations at or very close to the portion of the floodplain in question, the Borough Engineer shall indicate an elevation which he shall calculate in relation to the nearest elevation in the floodplain, preferably by interpolating between known elevations above- and below-stream from the area in question, measuring along the line of the stream valley.
C.
Any party aggrieved by the elevation of the floodplain as indicated on the FIRM or as determined by the Borough Engineer from elevations appearing on the FIRM as defined in Subsection B may appeal to the Zoning Hearing Board. The burden of proof in such an appeal shall be on the appellant.
D.
The Floodplain Conservation District may be revised or modified by the Zoning Hearing Board when 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 the Federal Insurance Administration (FIA).
E.
The Floodplain Conservation District shall be deemed an overlay on any zoning district now or hereafter applicable to any tract. Should the Floodplain Conservation District be declared inapplicable to any tract by reason of any action by Borough officials or any court, the zoning applicable to such lot shall be deemed to be the district in which it is located, without consideration of this article.
§ 162-39 Uses.
[Amended 1-12-1984 by Ord. No. 887]
A.
The following uses and no others are permitted in the Floodplain Conservation District:
(1)
Cultivation and harvesting of crops according to recognized soil conservation practices, which shall in no case cause alluvial deposits to build up the watercourses or cause undue erosion of the floodplain.
(2)
Pasture; grazing land.
(3)
Outdoor plant nursery; orchard.
(4)
Tree farms or reforestation.
(5)
Game farm; fish hatchery (excluding structures).
(6)
Wildlife sanctuary; woodland preserves; arboretum.
(7)
Sealed public water supply wells.
(8)
Underground utility transmission lines, excluding substations or similar structures.
(9)
Front, side or rear yards for any district.
(10)
Parking lots with a surface permeable to stormwater where required by the regulations for the district applicable to the lot, without consideration of this article.
(11)
Sanitary sewers and sewage pumping stations of floodproofed design, subject to the approval of the Borough Council.
B.
The following uses shall be permitted in the Floodplain Conservation District when authorized as special exceptions by the Zoning Hearing Board in accordance with the standards and conditions set forth in Subsections C, D and E of this section:
[Amended 5-14-1987 by Ord. No. 916; approved 5-14-1987]
(1)
Dams, culverts and bridges approved by the Commonwealth of Pennsylvania, Department of Environmental Resources, if the same has jurisdiction over the watershed in question.
(2)
Grading or regrading of lands and the construction of retaining walls if a permit therefor has been granted by the Commonwealth of Pennsylvania, Department of Environmental Resources, provided that a detailed engineering study shall accompany an application for special exception.
(3)
Recreation use, including park, day camp, picnic grove, golf course, fishing and boating club.
(4)
Private roads and driveways.
(5)
Storm sewers.
(6)
The cutting, killing and destruction of trees over three inches in diameter.
(7)
Alteration, extension or substantial improvement of any structure which existed within the flood plain at the time of the enactment of this chapter.
(8)
Other uses similar to the above, provided that the effect is not to alter the cross-sectional profile of the stream basin at the point of the proposed construction or use.
C.
The Zoning Hearing Board may approve an application for a special exception for the uses listed in § 162-39B of this chapter if:
[Added 5-14-1987 by Ord. No. 916]
(1)
The Zoning Hearing Board considers the standards set forth in § 162-61 of the Code of the Borough of Glenolden and determines that the issuance of a special exception would be appropriate under the circumstances; and if
(2)
The Zoning Hearing Board determines that all other applicable standards, requirements and conditions set forth in this Floodplain Conservation District Ordinance have been met.
D.
Approval of any special exception shall be conditioned upon compliance with all feasible floodproofing and other requirements necessary to minimize damage and the hindrance of flood flows and to minimize potential danger to life and property.
[Added 5-14-1987 by Ord. No. 916; approved 5-14-1987]
E.
Under no circumstances will the Zoning Hearing Board authorize a special exception for any of the uses, activities and/or developments which are regulated by the Floodplain Management Act of the Commonwealth of Pennsylvania (Act 1978, P.L. 851, No. 166, as amended), 32 P.S. § 679.101 et seq., as amended.
[Added 5-14-1987 by Ord. No. 916]
F.
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
[Added 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
(1)
All such proposals are consistent with the need to minimize flood damage and conform to the requirements of this 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; and
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
G.
Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the information contained in § 162-41) as may be required by the Zoning Officer to make the above determination:
[Added 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
(1)
A completed building 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)
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
(d)
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;
(e)
The location of all existing streets, drives, and other accessways; and
(f)
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water, including direction and velocities.
§ 162-40 Construction, development and substantial improvement.
[Amended 1-21-1984 by Ord. No. 887; 5-14-1987 by Ord. No. 916]
A.
It shall be unlawful for any person, partnership, business, corporation or other entity to undertake or cause to be undertaken any construction, development or substantial improvement anywhere within the Floodplain Conservation District unless a building permit has been obtained from the Zoning Officer and all applicable requirements of this chapter have been met.
B.
"Development" shall be defined as set forth in § 162-37.1.
[Amended 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
C.
A building permit shall not be required for minor repairs to existing buildings or structures.
D.
Prohibited structures. The following structures are prohibited:
(1)
Any structure which, acting alone or in combination with an existing or future structure, could adversely affect the efficiency or the capacity of the floodplain or adversely affect existing drainage courses or facilities.
(2)
Structures that are associated with high flood damage potential, not connected with permitted open space uses and structures consistent with open space uses that could obstruct flood flows.
E.
Structure elevation. No structure or any portion thereof shall be erected unless:
(1)
The finished surface of the ground is higher than, or is raised by filling outside the boundaries of the floodplain to an elevation of at least one foot above the elevation of the Floodplain Conservation District boundary nearest to the site.
F.
Structure anchoring.
(1)
Any structure placed in the floodplain shall be firmly anchored to prevent floodwaters from carrying it downstream. Such anchoring shall be sufficient to withstand a flood velocity of 20 feet per second. The Zoning Officer shall require the applicant to submit the written opinion of a registered professional engineer qualified in hydraulics that the proposed structural design meets this standard and to provide engineering data supporting the opinion that the structure should withstand the force of a moving body at this particular flow. The Zoning Officer will take this written opinion into consideration in his decision concerning the adequacy of the method of anchoring.
(2)
Where permitted, all manufactured homes and additions thereto shall be placed on a permanent foundation and elevated so that the lowest floor of the manufactured home is 1 1/2 feet above the elevation of the one-hundred-year flood and anchored to resist flotation, collapse or lateral movement.
[Added 8-12-1993 by Ord. No. 999, approved 8-12-1993]
G.
Storage of materials. No materials that can float or that are explosive or that are toxic to humans, animals or vegetation shall be stored in the floodplain.
H.
Expansion of existing structures. When permitted as a special exception by the Zoning Hearing Board, any structure within the floodplain at the time of enactment of this chapter may be altered or extended, provided that:
(1)
The alteration or extension conforms to all applicable regulations of this chapter.
(2)
Any increase in volume or area shall not exceed an aggregate of more than 25% of such volume or area during the life of the structure.
(3)
No increase of any on-lot sewer system presently located either wholly or partially in the floodplain is needed.
I.
Regulations relating to alteration and relocation of watercourses and storm drainage.
(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 Borough of Glenolden and until all required permits or approvals have been first obtained from the Department of Environmental Resources and Bureau of Dams and Waterway Management. In addition the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Borough of Glenolden prior to any alteration or relocation of any watercourse.
[Amended 11-7-2009 by Ord. No. 2068, approved 11-17-2009]
(2)
Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The systems shall ensure proper drainage along streets and provide positive drainage away from buildings. This system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
J.
All new construction and substantial improvements which are permitted within the Floodplain Conservation District shall:
(1)
Be constructed with materials resistant to flood damage;
(2)
Be constructed by methods and practices that minimize flood damage; and
(3)
Be constructed with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
K.
All public utilities and facilities, such as sewer, gas, electrical and water systems, which are permitted in the Floodplain Conservation District shall be located and constructed to minimize or eliminate flood damage. Permitted new or replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate the infiltration of floodwaters into the systems. Permitted new or replacement sanitary sewage systems shall also be designed to minimize or eliminate discharges from the systems into floodwaters. Permitted on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
L.
The Zoning Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source as criteria for requiring the following within the Floodplain Conservation District:
(1)
Any new construction or substantial improvement of any residential structure in the Floodplain Conservation District which is permitted by this chapter shall have the lowest floor, including the basement, elevated to at least 1/2 feet above the base flood elevation.
(2)
Any new construction or substantial improvement of any nonresidential structure in the Floodplain Conservation District which is permitted by this chapter shall either:
(a)
Have the lowest floor, including the basement, elevated to at least 1 1/2 feet above the base flood elevation; or
(b)
Together with attendant utility and sanitary facilities:
[1]
Be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;
[2]
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
[3]
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph.
(3)
Any encroachments, including fill, new construction, substantial improvements and other developments which are permitted by this chapter, shall nevertheless be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.
M.
There shall be no new construction of, and/or substantial improvements to, any fully enclosed area below the lowest floor of a building or structure in the floodplain conservation district as defined in § 162-38.
[Added 8-12-1993 by Ord. No. 999, approved 8-12-1993; amended 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
N.
Paints and adhesives:
[Added 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
(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 should 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 finished material.
(4)
The standards and specifications contained in 34 Pa. Code (chapters 401-405) as amended, the 2003 IBC (Secs. 801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Secs. R323.1.7), as amended, shall be utilized.
O.
Electrical components:
[Added 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
(1)
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation level.
(2)
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(3)
The provisions relevant hereto and referenced in the UCC and 34 Pa. Code (chapters 401-405) as amended and contained in the 2003 IBC (Sec. 1612.4), the IRC (Sec. R323.1.5), the 2000 IFGC (Secs. R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) as amended, shall be utilized.
§ 162-41 Issuance of building permits, variances and nonconforming structures.
[Amended 1-12-1984 by Ord. No. 887]
A.
Application procedures and requirements. Plans of all proposed buildings, structures and other improvements shall be submitted to the Zoning Officer. These plans shall be drawn at suitable scale and shall show the following:
[Amended 5-14-1987 by Ord. No. 916, approved 5-14-1987]
B.
Prior to the issuance of any building permit, the Zoning Officer shall review the application for a permit to determine if all other necessary permits required by federal, state and local laws have been obtained, including but not limited to those permits required by the Pennsylvania Sewage Facilities Act, 35 P.S.§ 750.1 et seq. (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq. (Act 1978-325, as amended); the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et seq. (Act 1937-394, as amended); the Borough Code, 53 P.S. § 45101 et seq. (Act 1966-581); the Pennsylvania Flood Plain Management regulations, 25 Pa. Admin. Code Section 106.1 et seq.; the Water Pollution Prevention and Control Act, 33 U.S.C. § 1251 et seq.; and any other applicable laws. Prior to the issuance of a building permit, the Zoning Officer shall also review the application for a permit to determine whether the proposed construction, development or substantial improvement will be reasonably safe from flooding. No permits shall be issued until the above determinations have been made.
C.
Granting of variances. Whenever a variance is granted, the Borough of Glenolden shall notify the applicant in writing that:
(1)
The granting of the variance may result in increased premium rates for flood insurance.
(2)
Such variance may increase the risks to life and property.
(3)
No variance shall be granted for any construction development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation. A complete record of all variance requests and related actions shall be maintained by the Borough. In addition, all variances granted during the year shall be included in the annual or biennial report to the Federal Emergency Management Agency.
[Added 8-12-1993 by Ord. No. 999, approved 8-12-1993; 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
D.
Nonconforming structures. Structures existing in the Floodplain Conservation District prior to the enactment of this chapter may continue to remain, provided that:
(1)
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 chapter.
(2)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
§ 162-42 Nonliability of Borough.
[Amended 11-17-2009 by Ord. No. 2068, approved 11-17-2009]
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, flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. The provisions of foregoing ordinances do not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages.
B.
This article shall not create liability on the part of the Borough of Glenolden or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
C.
The grant of a zoning permit or approval of a plan in the Floodplain Conservation District shall not constitute a representation, guaranty or warranty of any kind by the Borough or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon the Borough, its officials or employees.