West Grove City Zoning Code
ARTICLE XV
NR Natural Resource Protection
§ 400-59 Purpose.
The following natural resource protection standards are established to protect the public health, safety and welfare by minimizing adverse environmental impacts and are specifically authorized by Section 604 of the Municipalities Planning Code.[1] These standards are intended to meet the following purposes:
A.
Promote and implement Sections 603(b)(1), 603(b)(5), 603(c)(7), 603(g)(2), and 604(1) of Act 247, the Pennsylvania Municipalities Planning Code (MPC), as amended, providing for the protection and preservation of environmentally sensitive areas and natural resources through zoning ordinances.
B.
Delineate selected natural resources within the Borough and establish resource protection standards to assist the Borough in reducing the impact proposed uses will have on the environment.
C.
To reduce erosion and sedimentation of surface water bodies through the protection of natural resources, including but not limited to floodplains, wetlands, steep slopes, riparian buffers, and woodlands.
[1]
Editor's Note: See 53 P.S. § 10604.
§ 400-60 Applicability and liability.
A.
For the purposes of this chapter, the sections within this article shall be overlays to the underlying districts as shown on the West Grove Borough Zoning Map. In those areas of the Borough where a section of this article applies, the provisions of the section shall be imposed in addition to the requirements of the underlying zoning district(s). In the event that a conflict exists between a section of this article and the underlying district(s), the more restrictive provision shall apply.
B.
In the event that two or more natural resources identified in this article overlap, the resources with the most restrictive standard (the least amount of permitted alteration, regrading, clearing, or building, etc.) shall apply to the area of overlap.
C.
It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this article prior to the submission, review, and approval of applications for zoning or building permits; conditional use or special exception approvals; variances; or submission of plans for subdivision or land development.
(1)
Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of this article and other applicable Borough ordinance provisions or federal or state regulations.
(2)
Restrictions to the disturbance of resources shall apply before, during, and after construction on a site.
D.
Should the boundaries or delineations of any section of this article be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements of the underlying zoning district and other applicable section of this article shall continue to apply.
E.
Plan information required by § 400-65 shall be verified as correct by the Borough Engineer or other qualified professional as determined by the Borough.
F.
Liability. This article shall not create liability on the part of the Borough or any officer or employee thereof for any damages that result from negligence of this article or any administrative decision lawfully made thereunder.
§ 400-61 Flood hazard.
Flood hazard regulations shall be in accordance with § 400-66, Flood Hazard District, which is placed at the end of this article due to the length of the regulations.
§ 400-62 Wetlands.
A.
Purpose. To preserve and protect wetland areas as "natural filters" which aid in improving surface and groundwater quality, groundwater recharge areas, natural floodwater retention areas, and as unique habitats for species associated with wetland areas.
B.
Applicability. Site alterations, regrading, filling or clearing of vegetation in a wetlands area prior to the approval of an application for a subdivision or land development, building permit, zoning permit, variance, conditional use, or special exception and all applicable permits, shall be a violation of this chapter.
C.
General regulations.
(1)
Wetland areas shall not be disturbed, altered, regraded, developed, filled, piped, diverted or built upon, except where state and federal permits have been obtained.
(2)
Where wetlands are identified and delineated under § 400-62D, no more than 20% of a wetland margin area shall be altered, regraded, filled or built upon. Additionally, any Pennsylvania Department of Environmental Protection (PADEP) regulations concerning activities related to wetland margins shall be met.
D.
Identification and delineation of wetlands areas.
(1)
Identification. The identification of possible wetland area shall be any areas of West Grove Borough consisting of wetlands, hydric soils, or seasonal high water table soils which are identified by:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Where wetlands are indicated by any of the sources in § 400-62D(1), or where the Borough otherwise has sufficient evidence that wetlands may be present on a site, an applicant shall be required to delineate wetlands in accordance with § 400-62D(3).
(3)
Delineation of wetlands and administrative process.
(a)
Coordination with the Pennsylvania Department of Environmental Protection and the United States Army Corps of Engineers:
[1]
Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations, regardless of whether a delineation under § 400-62D(3)(b) is required.
[2]
If required, a wetlands delineation shall be sent to both agencies for review.
[3]
A copy of any correspondence submitted to or received from either agency shall be provided to the Borough within 10 working days of mailing or receipt.
(b)
If wetlands delineation is required as indicated on a property in accordance with this section, prior to the granting of any applicable permits from the Borough of West Grove, the applicant shall provide a wetlands delineation report consistent with the following requirements:
[1]
A full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional with demonstrated qualifications approved by the Borough.
[2]
The wetland report shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present. If there is a question as to the accuracy of the wetland delineation report, the Borough may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense.
[3]
Such a professional shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Borough Engineer or other qualified consultant hired by the Borough.
[4]
Upon the completion of such a report, all delineated wetlands, wetlands margins, and hydric soils shall be mapped and categorized and submitted to the Borough for review and comment by the Borough Engineer.
[5]
If no wetlands are found on the site, a note shall be added to the preliminary and final plans, stating that: "This site has been examined by (name and address with a statement of submitted qualifications), and no wetlands as defined by the United States Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, January 1987 (or most currently used manual), were found to exist."
E.
Permitted uses. Within wetland areas, uses within the underlying base zoning district are permitted only by special exception and only upon approval and permitting by the applicable state and federal agencies.
§ 400-63 Steep slopes.
A.
Purpose. The purpose of this section is to promote the health, safety and general welfare and to minimize negative environmental impacts by:
(1)
Conserving and protecting steep slopes from inappropriate development.
(2)
Protecting watersheds and limiting increases in stormwater runoff.
(3)
Regulating development in order to limit erosion and reduce the potential for increased runoff and downstream flood hazards.
(4)
Protecting the natural vegetative cover on steep slopes, thereby reducing runoff and flooding potential.
(5)
Protecting the quality of streams which would be threatened by indiscriminate grading and development on steep slopes.
B.
Identification and plan requirements.
(1)
Delineation of steep slopes.
(b)
Slope shall be measured as the change in elevation over the horizontal distance between consecutive contour lines. For purposes of this chapter, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of elevation). All slope measurements shall be determined by a topographic survey signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
(c)
Areas of steep slope that are less than 1,000 square feet shall be exempted from these standards.
(2)
Interpretation of steep slope boundaries and site plan requirement.
(a)
A site plan prepared by a registered engineer shall be required for a subdivision and/or land development on any property where steep slopes are located prior to any development, in accordance with the following:
[1]
All existing grades with contour lines at two-foot intervals and proposed grades within the area of the proposed construction.
[2]
All slopes within the site in the categories 15% to 25% and greater than 25%. Such areas shall be mapped and displayed for existing and proposed conditions.
[3]
Landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls, and ground cover, as well as trees and ornamental shrub locations.
[4]
Architectural plans, elevations, and sections.
[5]
A statement prepared by a registered engineer stating an explanation of the building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds, and preventing soil erosion.
(b)
The site plan shall be reviewed by the engineer as the representative agent of the Borough to verify the delineation of slopes on the application and make a determination. Should a dispute concerning any identified steep slopes occur subsequent to the determination, upon appeal, the party contesting the location of the boundary shall have the burden of establishing that land does not lie within the area of steep slopes as delineated by § 400-63B(1).
C.
Resource protection standards.
(1)
Steep slope areas shall be preserved in their natural state whenever possible. Where construction of roads, buildings, driveways, or infrastructure cannot be avoided, disturbance shall be kept to the minimum necessary and the following requirements shall apply:
(2)
Grading for the minimum portion of a road or driveway necessary for access to the principal use and sewer, water, and other utility lines shall be designed within the existing contours of the land to the extent possible unless it can be demonstrated that no other routing is feasible.
(3)
Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing grade, vegetation, and natural soils condition as displayed on the plans submitted for application as developed by a registered engineer.
(4)
Excessive cut and fill shall be avoided. New roads and improvements to existing roads should be designed within the existing contours of the land to the extent possible.
(5)
Finished slopes of all permitted cut-and-fill within steep slopes shall not exceed 25% slope.
(6)
All stockpiles of earth shall be seeded or otherwise stabilized to the satisfaction of the Borough Engineer or the Chester County Conservation District when stored for more than 21 days. Cut and fill resulting in slopes 25% or greater shall be protected with an erosion control blanket.
(7)
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of the Chapter 350, Subdivision and Land Development, and 25 Pa. Code §§ 102.1 to 102.51, in regard to erosion and sedimentation control.
(a)
An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of Chapter 350, Subdivision and Land Development.
(b)
The plan shall demonstrate how soil will be protected from erosion during construction and how soil will be stabilized upon the completion of construction.
D.
Uses permitted.
(1)
Uses by right. The following uses shall be permitted on steep slopes where such use is in compliance with the base zoning district and all other provisions of this section and chapter.
(a)
Parks and outdoor recreational uses, not including structures and activities that would conflict with or impact natural resources such as floodplains and woodlands, or create an increase in stormwater runoff or impact.
(b)
Tree harvesting, timber harvesting/forestry, and other agricultural uses when conducted according to conservation measures insuring protection from erosion and in compliance with the approved timber harvesting plan. Clear-cutting of woodlands is prohibited on all steep slopes.
(c)
Driveways where it can be proven on the plan and application that an alternative route that does not use steep slopes is not feasible.
(2)
Conditional use. Single-family detached dwellings or a portion thereof may be permitted by conditional use if the building is constructed in such a manner which does not substantially alter the existing grade and natural soil conditions, subject to the requirements of this section and Article XX, Administration and Enforcement.
(3)
Prohibited uses. The following uses shall not be permitted on steep slopes of 15% or greater:
§ 400-64 Riparian buffers.
Riparian buffers are regulated in accordance with Chapter 342, Stormwater Management, of the Borough of West Grove.
§ 400-65 Natural resource protection.
In order to meet the natural resource protection standards of this article, the following information shall be submitted by the applicant. Where a subdivision or land development review is required, such information shall be included with the application for such review in accordance with Article IV of Chapter 350, Subdivision and Land Development.
A.
A site plan which clearly delineates the limits of all natural resources on the site as outlined in this article including areas of floodplain, steep slopes, wetlands, wetland margins, hydric soils, riparian buffers, and woodlands, and the proposed use of the site, including any existing or proposed structures. This site plan shall include the site's watershed and the water quality designation of the watershed in which the property in question is located.
B.
The limits of all encroachments and disturbances necessary to establish the proposed use on the site, including a grading plan showing existing and proposed contours at two-foot intervals.
C.
The identification of the minimum buildable area(s). The purpose is to ensure that sufficient area is provided for the general location of buildings, driveways, and other improvement while meeting the requirements of the natural resource protection standards.
D.
Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculations shall be shown on the site plan as indicated in the following table in Figure 14-1. The figures in Column D (Proposed Disturbance) shall be less than or equal to the corresponding figures in Column C (Maximum Amount of Permitted Disturbance) for each protected resource.
Figure 14-1: Application of Natural Resource Protection Standards | ||||
|---|---|---|---|---|
Protected Resource | Column A Amount of Land in Protected Resource* (square feet) | Column B Maximum Disturbance Allowance** | Column C Maximum Amount of Permitted Disturbance (square feet) | Column D Proposed Disturbance of Resource (square feet) |
Floodplain | 0% | |||
Steep slopes (15% to 25%) | 50% | |||
Steep slopes (>25%) | 30% | |||
Wetlands | 0% | |||
Wetland margins | 20% | |||
Total | ||||
§ 400-66 Flood Hazard District.
A.
General provisions.
(1)
Statement of intent. The intent of this section is to:
(a)
Promote the general health, welfare and safety of the community.
(b)
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply and natural drainage.
(d)
Reduce financial burdens imposed on the community, its government units, and its residents, by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
Applicability. For the purposes of this chapter, the Floodplain Overlay District shall be an overlay to the existing underlying districts as shown on the Zoning Map and, as such, the provisions of the Floodplain Overlay District shall be imposed in addition to the requirements of the underlying zoning district(s).
(a)
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, unless a building permit and/or zoning permit has been obtained from the Zoning Officer.
(b)
A building permit shall not be required for any minor repairs to existing buildings or structures.
(3)
Abrogation and greater restrictions. This section 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 chapter, the more restrictive shall apply.
(4)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this section 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 cause, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain area, or that land uses permitted within such areas will be free from flooding or flood damages.
(b)
This section shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereafter.
B.
Administration.
(1)
Building permits and/or zoning permits required. Building permits shall be required before any construction or development is undertaken within any area of the Borough. Before a building permit application can be initiated, the applicant shall have received a zoning permit approval. A zoning permit shall be applied for on forms supplied by the Borough and in conformance with Borough procedures and Article XX, Administration and Enforcement.
(2)
Issuance of building permit.
(a)
The Zoning Officer shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(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 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] the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
(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 Borough, and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection, Regional Office.
(d)
In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified by the Borough prior to any alteration or relocation of any watercourse.
(3)
Application procedures and requirements. The applicant shall use building permit forms supplied by the Borough and shall follow the Borough's building permit application procedure.
(a)
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:
[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.
[3]
Adequate drainage is provided so as to reduce exposure to flood hazard.
(b)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Zoning Officer to make the above determination:
[1]
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
[a]
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.
[b]
The elevation of the one-hundred-year flood.
[c]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
[d]
Detailed information concerning any proposed floodproofing measures.
[e]
Supplemental information as may be necessary under 34 Pa. Code, Chapters 401 through 405, as amended, and the 2009 IBC or the 2009 IRC, or the most recent revisions thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2]
The following data and documentation:
[a]
A document, certified by the Zoning Officer and Borough Engineer, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the one-hundred-year flood, and uses the current flood elevations maps in accordance with § 400-66C(1). 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.
[b]
Detailed information needed to determine compliance with § 400-66D(3)(g), Storage, and § 400-66D(4), Development which may endanger human life, including:
[i]
The amount, location and purpose of any dangerous materials or substances which are intended to be used, produced, stored or otherwise maintained on site.
[ii]
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 § 400-66D(4), during a one-hundred-year flood.
(c)
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(d)
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
(4)
Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Zoning Officer to the 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 Zoning Officer for possible incorporation into the proposed plan.
(5)
Review of application by others. A copy of all plans and application for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals (e.g., municipal engineer, etc.) for review and comment.
(6)
Changes. After the issuance of a building permit by the Zoning Officer, 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 Zoning Officer. Request for any such change shall be in writing and shall be submitted by the applicant to the Zoning Officer for consideration.
(7)
Placards. In addition to the building permit, the Zoning Officer shall issue a placard which shall be displayed on the premises during the time construction or development is in progress. This placard shall show the number of the building permit, the date of its issuance and be signed by the Zoning Officer.
(8)
Start of construction and/or development.
(a)
Work on proposed construction and/or development shall begin within six months and shall be completed within 12 months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing by the Zoning Officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footing, piers, or foundations, erection of temporary forms, the installation of the piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street.
(b)
Time extensions shall be granted only if a written request is submitted by the applicant which sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request.
(9)
Inspection and revocation.
(a)
During the construction or development period, the Zoning Officer or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He shall make as many inspections during and upon completion of the work as are necessary.
(b)
In the discharge of his duties, the Zoning Officer shall have the authority to enter the building, structure, premises or development in the identified flood-prone area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
(c)
In the event the Zoning Officer 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 Zoning Officer shall revoke the building permit and report such fact to the Borough Council for whatever action it considers necessary.
(d)
A record of all such inspections and violations of this chapter shall be maintained.
(e)
The requirements of 34 Pa. Code, Chapters 401 through 405, and the 2009 International Building Code and 2009 International Residential Building Code, or latest revisions thereof pertaining to elevation certificates and record retention, shall be considered.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(10)
Fees. Applications for a building permit shall be accompanied by a fee, payable to the Borough and based on the Borough's adopted fee schedule.
C.
Identification of floodplain areas.
(1)
Identification. The identified floodplain area shall be those areas of West Grove Borough, Chester County, Pennsylvania, which are subject to the one-hundred-year flood, as identified in the Chester County Flood Insurance Study (FIS) dated September 29, 2006 and the accompanying maps as prepared 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.
(2)
Description of floodplain areas/district. The identified floodplain area shall consist of the following specific areas:
(a)
FW (Floodway Area). The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the Federal Emergency Management Agency (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.
(b)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance study, where a floodway has been delineated.
(c)
The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(d)
FA (General Floodplain Area). The areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-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.
(e)
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, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough.
(3)
Changes in identification of area. The identified floodplain area may be revised or modified by the Borough Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from FEMA.
(4)
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Borough Zoning Officer and any party aggrieved by this decision may appeal to the Borough Council. The burden of proof shall be on the appellant.
D.
General technical requirements.
(1)
General.
(a)
In the identified floodplain area, the development and/or use of any land shall be permitted, provided that the development and/or use complies with the restrictions and requirements of this and all other applicable codes and ordinances in force in the Borough.
(b)
Within any FW (Floodway Area), the following provisions apply:
[1]
Within any FW (floodway area), no new construction, development, use, activity, or encroachment shall be permitted that would cause any increase in the one-hundred-year flood elevation.
[2]
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection.
(c)
Within any identified (FA General Floodplain Area) floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(2)
Elevation and floodproofing requirements.
(a)
Residential.
[1]
Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved residential structure shall be 1 1/2 feet or more above the one-hundred-year flood elevation.
[2]
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Nonresidential. Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved nonresidential structure shall be 1 1/2 feet or more above the one-hundred-year flood elevation or be floodproofed up to that height.
[1]
Any nonresidential structure, or part thereof, having a lowest floor (including basement) which is not elevated to at least 1 1/2 feet above the one-hundred-year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the United States Army Corps of Engineers (June 1972, as amended), 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 or development are in conformance with the above-referenced standards.
[2]
The design and construction standards and specifications contained in the 2009 International Building Code (IBC), or the most recent revision thereof, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c)
Enclosed areas.
[1]
Fully enclosed areas below the lowest floor (including basement) are prohibited.
[2]
Partially enclosed space below the lowest floor (including basement) 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 "partially enclosed space" also includes crawl spaces. 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]
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 bottom 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.
[3]
Consideration may be given to the requirements of 34 Pa. Code (Chapters 401 through 405, as amended) and the 2009 International Residential Building Code and the 2009 International Building Code, or most recent revisions thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
Accessory structures. Structures accessory to a principal building shall not be permitted within identified floodplain areas.
(3)
Design and construction or development standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(a)
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 through 405, as amended), and not limited to the following provisions shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
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 foot to two horizontal feet unless substantiated data justifying steeper slopes are submitted to and approved by the Zoning Officer.
[5]
Be used to the extent to which it does not adversely affect adjacent properties. The provisions contained in the International Building Code shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c)
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. The provisions contained in the 2009 IBC or most recent revisions shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
Water and sewer facilities and systems.
[1]
All new or replacement water 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 identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
[4]
The design and construction provisions of the UCC and 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the International Building Code, the 2009 International Residential Building Code or most recent revisions thereof, the American Society of Civil Engineers 24-98 (Sec. 8.3), FEMA # 348, Protecting Building Utilities From Flood Damages, and The International Private Sewage Disposal Code shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(e)
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.
(f)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(g)
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 § 400-66D(4), Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible. All other storage shall be completely enclosed within a dry floodproofed structure or shall be stored in a properly elevated area in accordance with this section.
(h)
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.
(i)
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.
[3]
The design and construction requirements of the UCC pertaining to this Subsection as referred to in 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the 2009 IBC or most recent revisions thereof, the IRC (and American Society of Civil Engineers 24-98 (Sec. 5.6) shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(j)
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 change 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.
[5]
The provisions of the Uniform Construction Code pertaining to this subsection and referenced in the 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the 2009 International Building Code or most recent revisions thereof, the 2009 International Residential Building Code or most recent revisions thereof and American Society of Civil Engineers 24-98 (Chapter 6) provisions shall apply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(k)
Paints and adhesives.
[1]
Paints or 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 quality.
[3]
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
[4]
The standards and specifications contained in 34 Pa. Code (Chapters 401 through 405, as amended), the 2009 International Building Code or most recent revisions thereof, and the 2009 International Residential Building Code or most recent revisions thereof provisions shall apply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(l)
Electrical components.
[1]
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
[2]
Separate electrical circuits shall serve lower levels and shall be dropped from above.
[3]
The provisions pertaining to the above provisions and referenced in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the 2009 International Building Code or most recent revisions thereof, the International Residential Building Code, the 2009 International Fuel Gas Code or most recent revisions thereof and American Society of Civil Engineers 24 (Chapter 8), shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(m)
Equipment.
[1]
Water heaters, furnaces, air-conditioning and ventilating units, other mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
[2]
The provisions pertaining to the above provision and referenced in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended), and contained in the 2009 IBC or most recent revisions thereof, the 2009 IRC or most recent revisions thereof, the 2009 International Fuel Gas Code or most recent revisions thereof, and American Society of Civil Engineers 24 (Chapter 8) shall be utilized.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(n)
Fuel supply systems. Fuel supply 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 a floodwater infiltration occurs.
(4)
Development which may endanger human life.
(a)
In accordance with the Pennsylvania Flood Plain Management Act,[4] and the regulations adopted by the Department of Community and Economic Development (DCED) as required by the Act, any new or substantially improved structure which: (1) will be used for the production or storage of any of the following dangerous materials or substances; (2) 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; (3) 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.
[4]
Editor's Note: See 32 P.S. § 679.101 et seq.
(b)
The following list of materials and substances are considered dangerous to human life:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides and rodenticides).
[18]
Radioactive substances, insofar as such substances are not otherwise regulated.
(c)
Within any FW (Floodway Area), any structure of the kind described in § 400-66D(4)(a) above shall be prohibited.
(d)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 400-66D(4)(a) above shall be:
[1]
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood.
[2]
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
[3]
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing regulations (United States Army Corps of Engineers, June 1972, as amended), or with some other equivalent watertight standard.
(5)
Special requirements for manufactured homes.
(a)
Within any FW (Floodway Area), manufactured homes shall be prohibited.
(b)
Within any identified FA (General Floodplain Area), all manufactured homes and any additions thereto shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(c)
Where permitted within any identified floodplain area, all manufactured homes and additions thereto shall be:
[1]
Placed on a permanent foundation.
[2]
Elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the one-hundred-year flood.
[3]
Anchored to resist flotation, collapse, or lateral movement.
[4]
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of the 2009 International Residential Building Code or most recent revisions thereof or the United States 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[5]
Consideration shall be given to the installation requirements of the 2009 International Building Code or most recent revisions thereof and the 2009 International Residential Building Code or the most recent revisions thereto and 34 Pa. Code Chapters 401 through 405, as amended, where appropriate, and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the units' proposed installation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Activities requiring special permits. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development (DCED) to implement the Pennsylvania Flood Plain Management Act,[5] the following activities shall be prohibited within any identified floodplain area in West Grove Borough:
(2)
The commencement of, or any construction or development of a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[5]
Editor's Note: See 32 P.S. § 679.101 et seq.
F.
Existing structures in identified floodplain areas.
(1)
Existing structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 400-66F(2) below shall apply.
(2)
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(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 one-hundred-year flood.
(b)
No expansion or enlargement of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.
(c)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
G.
Variances.
(1)
General. If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, West Grove Borough may, upon request, grant relief from the strict application of the requirements.
(2)
Variance procedures and conditions. Requests for variances shall be considered by West Grove Borough in accordance with the procedures contained in Article XXI and the following:
(a)
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.
(b)
Except for possible modification of the one-and-one-half-foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to § 400-66D(4), Development which may endanger human life.
(c)
If granted, a variance shall involve only the least modification necessary to provide relief.
(d)
In granting any variance, West Grove Borough shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
(f)
(g)
A complete record of all variance requests and related actions shall be maintained by West Grove 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.
(h)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.