Westmont City Zoning Code
ARTICLE VII
Floodplain Districts
§ 225-22 Purpose.
The following article is incorporated to comply with Section 19103(k) of the National Flood Insurance Program.
§ 225-23 Intent.
The intent of this article is to:
A.
Promote the general health, welfare and safety of the community.
B.
Encourage the utilization of appropriate construction practices to 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 governmental units and its residents by preventing excessive development in areas subject to flooding.
§ 225-24 Applicability of permit requirements.
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 flood-prone areas of the Borough unless an approved special building permit has been obtained from the Zoning Officer.
B.
A building permit shall not be required for minor repairs to existing buildings or structures, provided that no structural changes or modifications are involved.
§ 225-25 Building permit required.
Building permits shall be required before any proposed construction or development is undertaken within any identified flood-prone area of the Borough of Westmont.
§ 225-26 Issuance of 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 chapter and all other applicable codes and ordinances.
B.
No building permit shall be issued until all other required permits have been obtained from any other office or agency.
§ 225-27 Application procedures.
A.
Application for such a building permit shall be made, in writing, to the Zoning Officer on forms supplied by the Borough of Westmont. Such application shall contain at least the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the land on which the proposed construction is to occur.
(3)
The name and address of the contractor.
(4)
The site location.
(5)
The proposed lowest floor and basement elevations in relation to mean sea level.
(6)
A brief description of the proposed work and the estimated cost.
(7)
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located within or adjacent to any identified flood-prone area, applicants for building permits shall also provide the following specific information:
(1)
A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other flood-prone development or structures and the location of any existing or proposed stream improvements or protective works. Included shall be all plans for proposed subdivision and land development in order to assure that all such proposals are consistent with the need to minimize flood damage; all utilities and facilities such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage; and adequate drainage is provided so as to reduce exposure to flood hazards. Such plan shall also include existing and proposed contours; information concerning one-hundred-year-flood elevations and other applicable information, such as uplift forces, associated with the one-hundred-year flood; the size of structures and location and elevations of streets; water supply and sanitary sewage facilities; soil types; and floodproofing measures.
(2)
A document certified by a registered professional engineer or architect that the proposed construction has been adequately designed against flood damage and that the plans for the development of the site adhere to the restrictions cited in this chapter. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure.
§ 225-28 Additional permit issuance requirements.
A.
Prior to any proposed alteration, relocation or development within 50 feet landward from the top-of-bank of any stream or any watercourses, etc., within the municipality, a permit shall be obtained from the Department of Environmental Resources, Dams and Encroachment Division, as specified in the Dam Safety and Encroachments Act of 1979, as amended.[1] Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.
[1]
Editor's Note: See 32 P.S. § 693.1 et seq.
B.
Prior to the issuance of any building permit, the Building Official shall review the application for 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,[2] and the U. S. Clean Water Act. No permit shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
§ 225-29 Designation of flood-prone areas.
The flood-prone area(s) shall be any area(s) of the Borough of Westmont which are identified as being flood-prone on the Flood Hazard Boundary Map as issued by the Federal Insurance Administration, dated October 13, 1978.
§ 225-30 Determination of regulatory flood elevation.
[Amended 8-11-1987 by Ord. No. 648]
A.
For the purposes of this chapter, the one-hundred-year-flood elevation shall be used as the basis for regulation. 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.
B.
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough.
§ 225-31 Changes in designation of flood-prone areas.
The delineation of any of the identified flood-prone areas may be revised by the Westmont Borough Council where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers, River Basin Commission or other qualified agency or individual which documents the notification for such changes. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
§ 225-32 Boundary disputes.
Should a dispute concerning any district boundary arise, an initial determination shall be made by the Westmont Borough Planning Commission/Committee, and any party aggrieved by this decision may appeal to the Westmont Borough Council. The burden of proof shall be on the appellant.
§ 225-33 Specific requirements.
[Amended 8-11-1987 by Ord. No. 648]
A.
In the identified flood-prone area(s), the development and/or use of any land shall be permitted, provided that the development and/or use adheres to the restrictions and requirements of all other applicable codes and ordinances in force in the municipality.
B.
Within any floodway area, no new construction or development shall be permitted that would cause any increase in the one-hundred-year-flood elevation.
C.
Within any identified flood-prone area(s), the elevation of the lowest floor (including basement) of any new or improved residential structures shall be at or above the regulatory flood elevation.
D.
Within any identified flood-prone area(s), the elevation of the lowest floor (including basement) of nonresidential structures shall be at or above the regulatory flood elevation or be floodproofed up to that height.
E.
Any nonresidential structure or part thereof having a lowest floor 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), or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement, certified by a registered professional engineer or architect, which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
F.
Fully enclosed spaces below the lowest floor shall be prohibited.
[Added 11-9-1993 by Ord. No. 705]
§ 225-34 Design and construction standards.
The following minimum standards shall apply for all construction proposed to be undertaken within any identified flood-prone area:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from all points.
(2)
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
(4)
Be no steeper than one vertical to two horizontal, unless substantiated data justifying steeper slopes are submitted to and approved by the Westmont Borough Zoning Officer.
[Amended 10-13-1992 by Ord. No. 698]
(5)
Be used to the extent to which it does not adversely affect adjacent properties.
B.
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 floodwaters.
C.
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 and storage tanks and other similar objects or components located at or below the regulatory flood elevation shall be firmly anchored or affixed to prevent flotation.
D.
Floors, walls and ceilings.
(2)
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.
(3)
Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
E.
Electrical systems and components.
(1)
Electric water heaters, furnaces, air-conditioning and ventilating systems and other electrical equipment or apparatus shall not be located below the regulatory flood elevation, and other electrical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.
(2)
Electrical distribution panels shall be at least three feet above the level of the one-hundred-year-flood elevation.
(3)
Separate electric circuits shall serve lower levels and shall be dropped from above.
F.
Plumbing.
(1)
Water heaters, furnaces and other mechanical equipment or apparatus shall not be located below the regulatory flood elevation.
(2)
No part of any on-site sewage disposal systems shall be located within any identified flood-prone area(s).
(3)
Water supply systems and sanitary sewage systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters.
(4)
All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into the floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
G.
Paints and adhesives. When used at or below the regulatory flood elevation:
H.
Storage. No materials that are buoyant, flammable, explosive or in times of flooding could be injurious to human, animal or plant life shall be stored below the regulatory flood elevation.
I.
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage at all points 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.
J.
Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.
K.
Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damage.
L.
Streets. The finished elevation of proposed new streets shall be no more than one foot below the regulatory flood elevation.
M.
Utilities. All utilities such as gas lines, electrical and telephone systems being placed in flood-prone areas should be located, elevated (where possible) and constructed to minimize the change or impairment during a flood.
§ 225-35 Prohibited activities and materials.
[Amended 1-11-1983 by Ord. No. 607]
A.
No mobile homes, mobile home parks, hospitals (public or private), nursing homes (public or private) or jails shall be erected in any flood-prone area of Westmont Borough.
B.
None of the following materials shall be stored or manufactured in any flood-prone area of Westmont Borough, nor shall a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) be maintained:
(1)
Acetone ammonia.
(2)
Benzene.
(3)
Calcium carbide.
(4)
Carbon disulfide.
(5)
Celluloid.
(6)
Chlorine.
(7)
Hydrochloric acid.
(8)
Hydrocyanic acid.
(9)
Magnesium.
(10)
Nitric acid.
(11)
Oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (insecticides, fungicides and rodenticides).
(18)
Radioactive substances.
§ 225-36 Existing structures.
Structures existing in any identified flood-prone area prior to the enactment of this chapter, but which are not in compliance with these provisions, may continue to remain, subject to the following:
A.
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.
B.
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 be undertaken only in full compliance with the provisions of this chapter.
C.
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.
[Added 11-9-1993 by Ord. No. 705]
§ 225-37 Variances.
A.
If compliance with the elevation or floodproofing requirements of this Article would result in an exceptional hardship for a prospective builder, developer or landowner, the Borough of Westmont may, upon request, grant relief from the strict application of the requirement.
B.
Request for variances shall be considered by the Borough of Westmont in accordance with the following procedures:
(1)
If granted, a variance shall involve only the least modification necessary to provide relief.
(2)
In granting any variance, the Borough of Westmont shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this Article.
(4)
In reviewing any request for a variance, the Borough of Westmont shall consider, but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional hardship to the applicant.
(c)
That the granting of the variance will not result in an unacceptable or prohibited increase in 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.
(5)
A complete record of all variance requests and related actions shall be maintained by the Borough of Westmont. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
(6)
No variance shall be granted for any construction or development within any floodway area that would cause any increase in the one-hundred-year-flood elevation.
[Added 8-9-1988 by Ord. No. 653]
C.
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.
§ 225-38 Word usage.
Unless specifically defined below, words and phrases used in this Article shall be interpreted so as to give this Article its most reasonable application.
§ 225-39 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.
A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the subdivision of land, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations.
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including any addition, change or modification in construction, exit facilities or permanent fixtures or equipment.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers and recreational and other similar vehicles placed on a site for more than 180 consecutive days.
[Amended 8-11-1987 by Ord. No. 648]
A parcel (or contiguous parcels) of land which has been planned and improved for the placement of two or more manufactured homes.
[Amended 8-11-1987 by Ord. No. 648]
Any structure or assembly of materials, including fill, above or below the surface of land or water, and an activity which might impede, retard or change flood flows. The planting, cultivation and harvesting of field and orchard crops or the grazing of livestock, including the maintenance of necessary appurtenant agricultural fencing, unless deemed to be an "obstruction" by the Zoning Officer, shall not be considered an "obstruction" under this definition and shall not be subject to regulation under this chapter.[1]
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
Any person, persons, partnership, business or corporation.
The one-hundred-year-flood elevation plus a 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, mobile homes and other similar items.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access shall be exempted.
§ 225-40 Warning and disclaimer of liability.
A.
The degree of flood protection sought by the provisions of this Article VII of this chapter 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 any identified floodplain area or 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 or any officer or employee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.