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Township of Whitemarsh, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of building and houses — See Ch. 76.
Plumbing — See Ch. 88.
Property maintenance — See Ch. 90.
Sewers — See Ch. 95.
Subdivision and land development — See Ch. 105.
Zoning — See Ch. 116.
Fees — See Ch. A121.
[Adopted 6-24-2004 by Ord. No. 791[1]]
[1]
Editor's Note: This ordinance provided for the repeal of former Art. I, Standards of Regulation, adopted 10-14-1993 by Ord. No. 651, and Art. II, One- and Two-Family Dwellings, adopted 10-14-1993 by Ord. No. 651. This ordinance also redesignated former Art. III, Floodplain Regulations, as Art. II; consequently, former § 42-5 through § 42-8 were redesignated as § 42-7 through § 42-10, respectively.
This article shall be known and may be cited as the "Whitemarsh Township Building Code" and/or the Pennsylvania "Uniform Construction Code."
In accordance with the Pennsylvania Construction Code Act, Act 45 of 1999, Chapter 5 section 501(a)(1), the Township of Whitemarsh, situate in Montgomery County, Pennsylvania, hereby elects to administer and enforce the Uniform Construction Code as its municipal building code and the International Fuel Gas Code for purposes described in section 302(a) of said Act 45.
This adoption shall include all relative codes specifically provided for in section 403.21 under said Act 45, to include but not limited to the International Building Code, the International Residential Code, the International Fuel Gas Code and all other referenced codes. As provided for under Act 45 section 304 all subsequent editions or successor codes are hereby adopted. In addition the following appendixes to the International Building Code 2003 are hereby adopted: B, C, F, G and H, the following appendixes to the International Residential Code 2003 are hereby adopted: A, B, C, F, G, and H, the following appendixes of the International Fire Code are hereby adopted: B, C, D, E, and F, and upon adoption by the Commonwealth of Pennsylvania of successor codes, those codes and the appendixes corresponding to those listed are hereby adopted.
Administration and enforcement of the Code within the Township shall be undertaken in any of the following ways as determined by the Whitemarsh Township Board of Supervisors, from time to time by resolution:
A. 
By the designation of an employee of the Township to serve as the municipal code official to act on behalf of the Township.
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Township.
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement.
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the Township.
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections, and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
[1]
Editor's Note: The ordinance that adopted this article also provided that: “A Fee Schedule assessable by Whitemarsh Township for the administration and enforcement undertaken pursuant to this Ordinance and the Code shall be established by the governing body of Whitemarsh Township by resolution from time to time.”
A. 
Administrative: modification of the administrative regulations, Chapter 403.
(1) 
Section 401.2a(a) Add: "Fees for permits issued pursuant to this chapter shall be in accordance with a schedule adopted by resolution of the Board of Supervisors."
(2) 
Effect on other regulations:
(a) 
All building code ordinances or portions of ordinances which were adopted by the Township on or before July 1, 1999, and which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Code, as amended from time to time.
(b) 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code.
(c) 
All relevant ordinances, regulations and policies of the Township not governed by the Code shall remain in full force and effect.
(3) 
Section 403-42(c) shall have the following items deleted from the list of permit exempt items:
(a) 
(1) (i) DELETE:
(b) 
(1) (iii) DELETE:
(c) 
(1) (iv) DELETE:
(d) 
(1) (v) DELETE:
(4) 
Section 403-62(c) shall have the following items deleted from the list of permit exempt items:
(a) 
(1) (i) DELETE:
(b) 
(1) (ii) DELETE:
(c) 
(1) (iii) DELETE:
(d) 
(1) (iv) DELETE:
(e) 
(1) (viii) DELETE:
(f) 
(1) (xiii) DELETE:
(g) 
(1) (xiv) DELETE:
(h) 
(1) (xvii) DELETE:
(i) 
(5) (viii) DELETE:
B. 
Technical modifications of the International Building Code 2003.
(1) 
Section 106.2 is deleted in its entirety and replaced to read as follows:
"Section 106.2. Site plan. There shall also be a site plan showing to scale the size and location of all new construction and all existing structures on the site, distances from lot lines, the required front, side and rear yard setbacks, the established or proposed street grades and the proposed finished grades. In the case of new construction (except residential additions and accessory structures), it shall also show finish foundation elevation, with adjacent grades to the foundation shown; after the installation of the foundation, the location and elevation must be verified by the professional engineer/surveyor, and a sealed certification shall be submitted. If an approved grading plan has been issued for the property, all pertinent information from the grading plan shall also be shown, such as limits of regrading, steep slopes, drainage swales and easements. Prior to the issuance of a use and occupancy certificate, an accurate as-built site plan shall be submitted, showing all the information as required with a building permit application. All site plans shall be drawn in accordance with an accurate boundary line survey; the plan shall be signed and sealed by a registered professional land surveyor or a registered professional engineer. In the case of demolition, the site plan shall show all construction to be demolished and the location and size of all existing structures and construction that are to remain on the site or plot." (Old Ordinance Number 651, adopted 10-14-1993)
(2) 
Section 106.6 is added to read as follows:
"Section 106.6 Special Review and Inspection Services. Whenever the nature of the building involves construction which is determined by the Building Official to require a review by an expert and/or specialized consultants to assist him in conducting reviews of permit applications and inspections, the Building Official may engage such experts and/or consultants. The costs thereof shall be paid to the Township by the applicant prior to the issuance of any permit."
(Old Ordinance Number 651, adopted 10-14-1993)
(3) 
Section 106.7 is added to read as follows:
"Section 106.7. Curbs and sidewalks. Concrete curbs and/or sidewalks shall be required to be installed when a lot or lots being developed are in an area where a curb and/or sidewalk exists on at least one side of adjacent and contiguous lots. The sidewalk and curbs shall meet the specifications of the Township. It shall be the intent of this section to require the continuity of street improvements in an area where adjacent and contiguous property has been so improved."
(Old Ordinance Number 651, adopted 10-14-1993)
(4) 
Section 3110 is added to read as follows:
"Section 3110.1. Driveways for use groups R-3 and R-4. All driveways, except for reconstruction, repair or enlarging of existing driveways, shall meet the following requirements:
1.
Driveway grades shall not exceed 15%.
2.
Driveways shall have a minimum width of 10 feet.
3.
Driveways shall be constructed in accordance with the Whitemarsh Township Driveway Specifications."
(Old Ordinance Number 651, adopted 10-14-1993)
C. 
Technical modifications of the International Residential Code 2003.
(1) 
The Design Data in Table R-301.2 (1) shall read as follows:
(a) 
Snow load: 30 pounds per square foot.
(b) 
Wind speed: 90 miles per hour.
(c) 
Seismic design: Category C.
(d) 
Weathering: severe.
(e) 
Frost depth: 36 inches.
(f) 
Termite probability: moderate to severe.
(g) 
Decay: slight to moderate.
(h) 
Winter design temp: 10° F.
(i) 
Ice shield: NO.
(j) 
Air freezing index: 1500.
(k) 
Mean annual temp: 52°F.
(2) 
Section 106.2 is deleted in its entirety and replaced to read as follows:
"Section 106.2. Site Plan. There shall also be a site plan showing to scale the size and location of all new construction and all existing structures on the site, distances from lot lines, the required front, side and rear yard setbacks, the established or proposed street grades and the proposed finished grades. In the case of new construction (except residential additions and accessory structures), it shall also show finish foundation elevation, with adjacent grades to the foundation shown; after the installation of the foundation, the location and elevation must be verified by the professional engineer/surveyor, and a sealed certification shall be submitted. If an approved grading plan has been issued for the property, all pertinent information from the grading plan shall also be shown, such as limits of regrading, steep slopes, drainage swales and easements. Prior to the issuance of a use and occupancy certificate, an accurate as-built site plan shall be submitted, showing all the information as required with a building permit application. All site plans shall be drawn in accordance with an accurate boundary line survey, the plan shall be signed and sealed by a registered professional land surveyor or a registered professional engineer. In the case of demolition, the site plan shall show all construction to be demolished and the location and size of all existing structures and construction that are to remain on the site or plot."
(Old Ordinance Number 651, adopted 10-14-1993)
(3) 
Section R-402.1, Wood Foundations, is deleted in its entirety.
Section R-403.2, Footings for wood foundations, is deleted in its entirety.
Section R-404.2, Wood Foundation walls, is deleted in its entirety.
Section R-405.2, Wood Foundation, is deleted in its entirety.
(Old Ordinance Number 651, adopted 10-14-1993)
D. 
Administrative modifications of Chapter One of the International Fire Code 2003.
(1) 
Section F-101.1, insert "Whitemarsh Township, Montgomery County."
(2) 
Section F-103.1, General, shall be modified and read as follows:
The Department of Fire Prevention is established within the jurisdiction and under the direction of the Fire Marshal. The Fire Marshal/Code Official shall be in charge of the operation of this Department and its function shall be the implementation, administration, and enforcement of the provisions of this code.
(3) 
Section F-103.2, Appointment, shall be deleted and the following language substituted:
The Fire Marshal position shall be filled as prescribed in the Code of the Township of Whitemarsh.
(4) 
Add Section F-105.1.4, Fees:
"Fees for fire permits shall be in accordance with a schedule adopted by resolution of the Board of Supervisors."
(5) 
Sections F-105.6 and F-105.7, Required Permits, shall read as follows:
"The Fire Code Official is authorized to issue permits and collect fees as enumerated in sections 105.6.1 through 105.6.47 and sections 105.7.1 through 105.7.12 in accordance with the fee schedule adopted by resolution of the Board of Supervisors."
E. 
Technical modifications of the International Fire Code 2003.
(1) 
Section F-202 shall have the following definitions added:
FIRE MARSHAL -- The Fire Marshal of Whitemarsh Township, who shall also be the Fire Chief and Fire Official as referred to in this code.
(Old Ordinance Number 621, adopted 4-18-1991)
(2) 
Section F-508.1.1 shall be added as follows:
"All water mains shall be of sufficient size to provide at least 1,500 gallons per minute for fire hydrants. A loop system shall be used unless otherwise approved by the Fire Official."
(Old Ordinance Number 502, adopted 12-13-1984)
(3) 
Section F-503.2.1 shall be deleted and the following language substituted:
"Dimensions. Access driveways/roads shall have a minimum width of 24 feet for two-way circulation and 12 feet for one-way circulation; the minimum center-line radius on either type of access driveway shall be 70 feet; dead ends that exceed 150 feet in length shall be provided with an adequate turnaround area or a cul-de-sac with a minimum diameter of 90 feet; and no access driveway shall be located closer than five feet to a structure.
(Old Ordinance Number 502, adopted 12-13-1984)
(4) 
Section F-508.5.7 shall be added as follows:
"508.5.7. Fire hydrants. Specifications. Fire hydrants shall be Muller Hydrant, Model No. 107, or equivalent, with a dry barrel, three-outlet type having two two-and-one-half-inch side outlets with National Standard fire hose thread, 7 1/2 threads to the inch, and one four-and-one-half-inch hard-suction connection, with National Standard fire hose thread, four threads to the inch, located on the front side. The following criteria shall be required regarding installation:
1.
The hard-suction connection shall face the street, access driveway or fire walkway with the side outlets parallel to the cartway or walkway edge.
2.
A minimum clearance of 20 inches, measured from the bottom of the lowest outlet to final grade of ground or pavement, shall be provided. In no case shall said clearance be more than 26 inches.
3.
Fire hydrants shall be appropriately spaced so as not to exceed 500 feet between hydrants.
4.
Fire hydrants required to be located outside a street right-of-way shall not be accepted as public fire hydrants by the Township.
5.
Fire hydrants shall be located within five feet of paved streets, access driveways or fire walkways."
(Old Ordinance Number 502, adopted 12-13-1984)
(5) 
Section F-603.4 shall be deleted and replaced as follows:
"603.4. Portable heaters. Portable heaters, vented or unvented, in any structure, other than a single-family dwelling, which is used wholly or in part for human habitation, shall be prohibited. Portable heaters shall include, but not be limited to, heaters having a barometrically fed fuel control, with a fuel supply tank located less than 42 inches from the center control, with a fuel supply tank located less than 42 inches from the center of the burner, using gas, kerosene, range oil or No. 1 fuel oil for fuel.
603.4.1. Prohibited locations. Unvented fuel-fired heating equipment shall not be located in, or obtain combustion air from any of the following rooms or spaces: sleeping rooms, bathrooms, toilet rooms or storage rooms.
603.4.2. Certain sales prohibited. No person shall sell or offer for sale or install a secondhand, previously owned, space heater or portable stove which uses gas, kerosene, range oil or No. 1 fuel oil for fuel.
603.4.3. Limited permissible uses of unvented kerosene heaters. Unvented kerosene heaters may be used in an agricultural building or a building under construction. Such heaters shall meet UL Subject 647 and bear the Underwriters' Laboratories, Inc. label, so certifying compliance."
(Old Ordinance Number 502, adopted 12-13-1984)
(6) 
Section 3301.2.4 shall be changed as follows;
$100,000 shall be changed to $5,000,000
(Old Ordinance Number 502, adopted 12-13-1984)
[1]
Editor's Note: The ordinance adopting this article also provided for change and/or modification “by the governing body of Whitemarsh Township, in accordance with the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103, Section 503.”
A. 
Creation of Appeals Board. A Building Code Board of Appeals (hereinafter "Appeals Board") is hereby established in conformity with the requirements of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103; Section 501(c) and Title 34 Pa. Code, Section 403.121. The Appeals Board shall hear and rule on appeals, requests for variances and requests for extensions of time.
B. 
Appointment of members. The Appeals Board shall consist of five members appointed by the Board of Supervisors as follows: one member shall be appointed to serve a five-year term; one member shall serve a four-year term; one member shall serve a three-year term; one member shall serve a two-year term; and one member shall serve a one-year term. After the initial appointments, each new member shall serve for five years or until a successor has been appointed.
C. 
Qualifications of members. The members of the Appeals Board shall, in the discretion of the Board of Supervisors, be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry, or training or experience as an inspector or plan reviewer. No member of the Board of Supervisors nor any code inspector employed by the Township may serve on the Appeals Board. If the Board of Supervisors is unable to find a sufficient number of qualified individuals who reside within the Township, it may appoint a qualified person who resides outside of the Township to fill a position.
D. 
Alternate members. The Board of Supervisors shall appoint two alternate members who shall be called by the Appeals Board Chairperson to hear appeals in the event of the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership and shall be appointed for five years or until a successor has been appointed.
E. 
Intergovernmental cooperation. The Board of Supervisors is hereby authorized to enter into an intergovernmental cooperation agreement with one or more municipalities to create an appeals board.
F. 
Chairperson and secretary. The Appeals Board shall annually select one of its members to serve as Chairperson and Secretary. The Secretary shall file a detailed record of all proceedings in the office of the Township Manager.
G. 
Disqualification of member. A member of the Appeals Board shall not hear an appeal in which that member has any personal, professional or financial interest.
H. 
Operation of Board of Appeals. The procedure for conduct of hearing and notices of hearings shall be established by resolution of the Board of Supervisors and shall be consistent with Pennsylvania law and regulations of the Pennsylvania Department of Labor and Industry.
[Adopted 3-16-1989 as part of Ord. No. 575[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 42, Building Construction, adopted as follows: Art. I, 7-16-1981 by Ord. No. 417, as amended; Art. II, 7-16-1981 by Ord. No. 416, as amended.
The following provisions shall apply to all structures, construction or development in any Floodplain Conservation District within Whitemarsh Township:
A. 
Residential structure. Within any portion of the Floodplain Conservation District, the lowest floor, including basement, of any new or improved residential structure shall be at least two feet above the one-hundred-year-flood elevation.
B. 
Nonresidential structures. Within any portion of the Floodplain Conservation District, all nonresidential structures shall conform to all provisions for residential structures or be so designed and constructed as to remain completely or essentially dry during flooding in accordance with the standards of the United States Army Corps of Engineers' June 1972 publication, Floodproofing Requirements, or equal standard.
C. 
Fill.
(1) 
When using fill for floodproofing, it shall extend at least 15 feet laterally beyond all points of the structure.
(2) 
Fill shall be placed in accordance with Township regulations and shall not occur without first obtaining permits required by other Township ordinances.
(3) 
Fill shall consist of soil and small rock materials only.
(4) 
Fill shall be compacted and stabilized to resist erosion, scouring or settling and shall provide necessary permeability.
(5) 
The slopes of fill shall not exceed 2:1 (two vertical to one horizontal).
(6) 
Under no circumstances may fill be placed which adversely affects adjacent properties.
D. 
Placement and reviews. All structures shall be designed and placed to offer the minimum obstruction to the flow of water.
E. 
Anchoring. All structures shall be anchored to prevent flotation, collapse, displacement or other movement.
F. 
Floors, walls and ceilings. Where located at or below the regulatory flood elevation:
(1) 
Wood shall be installed to accommodate expansion without incurring structural damage.
(2) 
Plywood shall be marine or exterior grades of waterproof variety.
(3) 
Windows, doors and frames shall be metal and wire glass.
(4) 
All construction shall be of sufficient strength and performed and installed to eliminate structural damage from flooding water and waterborne debris.
G. 
Electrical system.
(1) 
All electrical work and equipment shall be located above the one-hundred-year-flood elevation.
(2) 
Distributor panels shall not be less than five feet above the one-hundred-year-flood elevation.
(3) 
Levels below the one-hundred-year-flood elevation shall be served by separate circuits dropped from above.
H. 
Mechanical equipment.
(1) 
Water heaters, furnaces and all mechanical equipment shall be located with their lowest point two feet above the one-hundred-year-flood elevation.
(2) 
No portion of any on-site water supply or sewage disposal system shall be located or constructed within the one-hundred-year Floodplain Conservation District.
(3) 
Water supply and sanitary sewerage systems shall be designed and constructed to preclude infiltration by floodwater or discharge to floodwater.
(4) 
All gas and petroleum fuel systems and parts thereof shall be located two feet above the one-hundred-year-flood level.
(5) 
All mechanical and plumbing systems and parts thereof shall have provision for drainage of floodwaters from the system.
I. 
Paints, adhesives and other materials. All paints and adhesives shall be unaffected by inundation or exposure to dampness.
J. 
Storage. There shall be no storage or provisions for materials which are buoyant, flammable or explosive or which in flooding could be injurious to human, plant or animal life to be stored at or below the one-hundred-year-floodplain elevation.
K. 
Drainage. Storm drainage facilities shall be constructed and maintained to convey surface water without damage to persons or property. The system shall accommodate all drainage across and from the property, provide positive drainage away from structures and prevent excess or harmful discharge upon adjacent properties.
L. 
Sanitary sewage facilities; parts therefor, including collectors, pump stations, package plants. All new and replacement systems shall be designed, constructed and maintained to eliminate infiltration from discharge due to floodwaters.
M. 
Water facilities. All new or replacement water facilities shall be designed, constructed and maintained to eliminate infiltration by or discharge to floodwaters, and construction design and maintenance shall be in a manner to eliminate damages and impairment from floodwaters.
N. 
Streets. The finished elevation of all new, proposed or reconstructed streets shall be not less than the elevation of the one-hundred-year-floodplain elevation. Detailed engineering calculations and drawings shall be provided to demonstrate compliance.
O. 
Utilities.
(1) 
Where possible, all utilities shall be elevated at least two feet above the one-hundred-year-floodplain elevation.
(2) 
All utilities shall be designed and constructed to prevent or minimize the chance of impairment from flooding.
P. 
Special flood damage control provisions for mobile homes and mobile home parks in the designated Floodplain Districts.
(1) 
All mobile homes, and any additions thereto, shall be anchored to resist flotation, collapse or lateral movement. Over-the-top and frame ties to ground anchors shall be provided in accordance with the American National Standards Institute and National Fire Protection Association Standards and other appropriate standards, such as the following:
(a) 
Over-the-top ties shall be provided at each corner, with two additional ties per side at intermediate locations for units 50 feet or more in length, or one additional tie per side for units less than 50 feet in length.
(b) 
Frame ties shall be provided at each corner, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.
(c) 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds each.
(2) 
For individual mobile homes to be located outside of parks, for new mobile home parks, or expansions thereof, or for improvements to such parks, the following requirements shall apply:
(a) 
The stands or lots shall be such that the lowest floor of the mobile home will be at least two feet above the one-hundred-year-floodplain elevation.
(b) 
Adequate surface drainage shall be provided.
(c) 
Adequate access for a hauler shall be provided.
(d) 
Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.
(3) 
An evacuation plan indicating at least two alternate vehicular access and escape routes shall be filed with the appropriate Township officials.
(4) 
No mobile homes shall be placed within the one-hundred-year Floodplain Conservation District.
Q. 
Existing structures in designated Floodplain Districts. Structures existing in any designated Floodplain Conservation Districts prior to the enactment of this article, but which are not in compliance with these provisions, may continue to remain, subject to the following:
(1) 
Existing structures located in a designated Floodplain Conservation District or area shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
(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.
(3) 
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 article for new construction.
R. 
Variances.
(1) 
If compliance with the elevation or floodproofing requirements stated above would result in an exceptional hardship, other than monetary, for a prospective builder, developer or landowner, the Township may, upon request, grant relief from the strict application of the requirement.
(2) 
Requests for variances to the strict application of the provisions of this article may be granted by the Township Building Code Appeals Board in accordance with the following procedures and criteria:
(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) 
If granted, a variance shall be only the least modification necessary to provide relief.
(c) 
In granting any variance, the Township may attach whatever conditions and safeguards it considers necessary to protect the public health, safety and welfare and to achieve the objectives of this article of the Whitemarsh Township Code.
(d) 
Whenever a variance is granted, the Township Appeals Board shall notify the applicant in writing that:
[1] 
The granting of the variance may result in increased premium rates for flood insurance.
[2] 
Such variances may increase the risks to life and property.
(e) 
In reviewing any request for a variance, the Township shall consider, but not be limited to, the following:
[1] 
That there is good and sufficient cause.
[2] 
That failure to grant the variance would result in exceptional hardship to the applicant.
[3] 
That the granting of the variance will not result in any unacceptable or prohibited increased flood heights; additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with any other applicable local or state ordinances and regulations.
[4] 
That the hardship has not been caused by the applicant.
(f) 
A complete record of all variance requests and related actions shall be maintained by the Township building offices. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
(3) 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures and effects of buoyancy of the one-hundred-year flood and remain dry without effort by man, owner and occupant.
A. 
Plan requirements. In addition to the permit application requirements normally required under the Building Code, the Township requires the following information to be included as part of the application for a building permit:
(1) 
A plan which details the existing and proposed contours and elevation, in relation to mean Township datum, of the ground and the lowest floor of proposed construction; the one-hundred-year-flood elevations; and other associated or relevant factors, such as pressures and impact forces, storage elevations, size of the structure, location and elevations of streets, water supply, sanitary facilities, soil types and floodproofing measures, including specific reference to the level of the floodproofing in relation to the one-hundred-year flood.
(2) 
A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand hydrostatic and hydrodynamic and buoyancy factors associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure.
B. 
Review by County Conservation District. A copy of all applications and plans for construction or development in any designated Floodplain Conservation District shall be submitted by the Township Building Official to the appropriate 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 Township Building Official for incorporation into the proposed plan and subsequent permit.
C. 
Other permit issuance requirements. Prior to the issuance of any building permit, the Township Building Official shall review the application for permit to determine if all other permits required by those bodies having legal jurisdictions have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act,[1] the Pennsylvania Water Obstruction Act of 1913 and the Federal Water Pollution Control Act Amendments of 1972, 404 and 33 U.S.C. § 1334. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 53 P.S. § 750.1 et seq.
D. 
Start of construction. For purposes of this article, construction shall be considered to have started with the locating of any prefabricated structure or mobile home on a site or any land preparation, clearing, grading, filling, excavation for basement, footings, piers, foundations or any other reason, erection of temporary forms, the installation of pilings or the installation of sewer, gas, water pipes, electric or other service devices or lines.
The following definitions shall be used in interpretation of the provisions contained in §§ 42-7 and 42-8:
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
DEVELOPMENT
Any man-made change to real estate, including but not limited to structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations.
ESSENTIALLY DRY SPACE
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.
FLOODPLAIN CONSERVATION DISTRICT
Those districts designated in the Township Zoning Ordinance[1] as being Floodplain Conservation Districts.
FLOODPROOFING
Any combination of additions, changes or adjustments to structures which eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
MOBILE HOME
A transportable structure, not necessarily limited to a single-family dwelling, intended for permanent occupancy, office or place of assembly, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. It does not include recreational vehicles or travel trailers.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient use.
OBSTRUCTIONS
Any structure, construction, fill, excavation, channel, rectification, culvert or matter in, along, across or projecting into any channel, watercourse or designated Floodplain Conservation Districts which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year). This is more precisely defined/delineated in the Township Floodplain Conservation District Zoning Ordinance.[2]
REGULATORY FLOOD ELEVATION
The elevation established as two feet above the water elevation of the one-hundred-year flood. Within the approximate floodplain, the regulatory flood shall be established as the elevation of two feet above the point on the boundary of the approximate floodplain closest to the construction site.
[1]
Editor's Note: See Ch. 116, Zoning.
[2]
Editor's Note: See Ch. 116, Art. XXII, Floodplain Conservation District.
Any person or persons who shall violate any of the provisions of this article, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the District Justice in Whitemarsh Township, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Whitemarsh Township, against which the offenses are committed, and upon recovery thereof, all such fines and penalties are to be paid into the treasury of the Township. In default of payment of any fine or penalty imposed by any District Justice under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.