A.
The Legislature of the commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
The intent of this article is to:
(1)
Protect areas of the floodplain necessary to contain floodwaters.
(2)
To permit only those uses in the floodplain that are compatible
with preserving natural conditions and stream flow.
(3)
Promote the general health, welfare, and safety of the community
by preventing development in areas prone to flooding.
(4)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(5)
Minimize danger to public health by protecting water supply
and natural drainage.
(6)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(7)
Comply with federal and commonwealth floodplain management requirements.
A.
The Floodplain Conservation Overlay District is defined and established
as a district applicable to those areas of the Township subject to
inundation by the waters of the one-hundred-year flood as delineated
on the Flood Insurance Rate Map (FIRM) for Montgomery County, Pennsylvania,
as prepared by the Federal Emergency Management Agency, dated March
2, 2016, and subsequent revisions thereto. Said floodplain areas shall
consist of the following specific areas:
[Amended 6-20-2018 by Ord. No. 2371-18]
(1)
Flood zones applicable to Township: Zones A, A1-A30, AE, A99
and AH.
(2)
Soils with a frequency of flooding of 1% or greater per year,
as delineated by the Natural Resources Conservation Service, United
States Department of Agriculture Web-Based Soil Survey (available
online at http://websoilsurvey.nrcs.usda.gov/), including the following
soils:
B.
In lieu of the above, Cheltenham Township 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 Township.
C.
The Floodplain Conservation District shall be delineated according
to FEMA's Flood Insurance Rate Map (FIRM) for Cheltenham Township
which is hereby made a part of this article, and additional area based
on soils as described in § 295-1902A(2). The FIRM is available
for inspection at the municipal office.
D.
The Floodplain Conservation District shall be deemed an overlay on
any zoning district now or hereafter applicable to any lot.
E.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within Cheltenham Township's Floodplain Conservation Overlay
District unless a floodplain permit has been obtained from the Floodplain
Administrator.
F.
A floodplain permit shall not be required for minor repairs to existing
buildings or structures.
A.
This article supersedes any other conflicting provisions which may
be in effect in the Floodplain Conservation Overlay District. However,
any other ordinance provisions shall remain in full force and effect
to the extent that those provisions are more restrictive. If there
is any conflict between any of the provisions of this article, the
more restrictive shall apply.
A.
If any section, subsection, paragraph, sentence, clause, or phrase
of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
A.
The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This article does not imply
that areas outside the Floodplain Conservation Overlay District, or
that land uses permitted within such areas, will be free from flooding
or flood damages.
B.
This article shall not create liability on the part of Cheltenham
Township or any officer or employee thereof for any flood damages
that result from reliance on this article or any administrative decision
lawfully made there under.
A.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXISTING STRUCTURE/EXISTING CONSTRUCTION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
FLOODWAY FRINGE
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(a)
(b)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REDEVELOPMENT AREA
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
For the purposes of this article, the words and terms used herein
shall be interpreted as follows. Unless specifically defined below,
words and phrases used in this article shall be interpreted so as
to give this article its most reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year. The BFE is also shown
on the FIS profile, and can be determined for Zone A Floodplains.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including, but not limited to, subdivision of land; construction,
reconstruction, renovation, repair, expansion, or alteration of buildings
or other structures; the placement of manufactured homes; streets
and other paving; utilities; fill; grading and excavation; mining;
dredging; drilling operations; or storage of equipment or materials.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
A structure for which the "start of construction" commenced
before the effective date of the FIRM.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The Official Map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
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 channel of a river or other watercourse and the adjacent
land areas that are required to be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than one foot.
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Pennsylvania Historical and Museum Commission (PHMC)
as meeting the criteria for individual listing on the National Register;
Certified or preliminarily determined by the Pennsylvania Historical
and Museum Commission (PHMC) as contributing to the historical significance
of a National Register historic district or a district preliminarily
determined by the PHMC to be eligible to qualify for listing in the
National Register; or
Designated as historic by a municipal ordinance:
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code[1]; or
Located in a local historic district that has been certified
by the Pennsylvania Historical and Museum Commission as meeting the
requirements of the Pennsylvania Historic District Act.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this article.
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 attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after November 16, 1976, and includes any subsequent improvements
thereto.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
The flood having a one-percent chance of being equaled or
exceeded in any given year. Also referred to as the "one-percent frequency
flood," or the "base flood," as defined by FEMA in the Flood Insurance
Study for Cheltenham Township
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred on or after the community's initial FIRM dated May 20, 1976
and, as such, would be required to be compliant with the regulations
of the NFIP.
A structure for which construction or substantial improvement
occurred before the community's initial FIRM dated May 20, 1976, and,
as such, would not be required to be compliant with the regulations
of the NFIP.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
A census tract or group of census tracts eligible for the
Montgomery County Revitalization Program and identified in the adopted
municipal revitalization plan.
The regulatory flood elevation is the elevation to which
development is regulated for purposes of elevation and/or dry floodproofing.
It is equal to the base flood elevation (BFE) plus a freeboard of
1.5 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of a slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
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, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred. "Substantial damage" also means a structure that
meets the definition for "repetitive loss."
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
(or "repetitive loss") regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violations of commonwealth or local
health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to ensure safe living conditions. For alteration of historic structures,
see § 295-1915A(5).
The statewide building code adopted by The Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
[1]
Editor's Note: Editor's Note: See 53 P.S. § 10101 et
seq.
A.
The Floodplain Conservation District shall be any areas of Cheltenham
Township classified as special flood hazard areas (SFHAs) in the Flood
Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps
(FIRMs) dated March 2, 2016, and issued 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.
[Amended 6-20-2018 by Ord. No. 2371-18]
B.
The Floodplain Conservation District shall also include areas with
soils listed in § 295-1902A(2), along with any community
identified flood hazard areas.
C.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by Cheltenham Township and declared
to be a part of this chapter.
A.
The Floodplain Conservation Overlay District shall consist of the
following specific areas/districts:
(1)
The Floodway Area/District shall be those areas identified as
floodway on the FIRM as well as those floodway areas which have been
identified in other available studies or sources of information for
those special floodplain areas where no floodway has been identified
in the FIS. The floodway represents the channel of a watercourse and
the adjacent land areas that are required to be reserved in order
to discharge the base flood without cumulatively increasing the water
surface elevation by more than one foot at any point.
(2)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(3)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection's
regional office.
(4)
The AE Area/District without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
(a)
In AE Area/District without floodway, no new development shall
be permitted unless it can be demonstrated that the cumulative effect
of all past and projected development will not increase the BFE.
(b)
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE.
(5)
Community Identified Flood Hazard Areas shall be those areas
where Cheltenham Township has identified local flood hazard or ponding
areas, as delineated and adopted on a "Local Flood Hazard Map" using
best available topographic data and locally derived information such
as flood of record, historic high-water marks, soils or approximate
study methodologies.
(6)
The A Area/District shall be the areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
one-percent-annual-chance flood elevations have been provided. For
these areas, elevation and floodway information from other federal,
state, or other acceptable source shall be used when available. Where
other acceptable information is not available, the elevation shall
be determined by using the elevation of a point on the boundary of
the Floodplain Conservation District which is nearest the construction
site.
(7)
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 municipality.
(8)
The Shallow Flooding Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent-annual-chance shallow flooding where
average depths are between one and three feet. In Zones AO and AH,
drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
A.
The Floodplain Conservation District may be revised or modified by
Township Board of Commissioners where studies or information provided
by a qualified agency or person documents the need for such revision.
However, prior to any such change, approval shall be obtained from
the FEMA. Additionally, as soon as practicable, but not later than
six months after the date such information becomes available, a community
shall notify FEMA of the changes by submitting technical or scientific
data.
A.
Should a dispute concerning any identified floodplain boundary arise,
an initial determination shall be made by the Cheltenham Planning
Commission and any party aggrieved by this decision or determination
may appeal to the Township Board of Commissioners. The burden of proof
shall be on the appellant.
A.
Prior to development occurring in areas where annexation or other
corporate boundary changes are proposed or have occurred, the community
shall review flood hazard data affecting the lands subject to boundary
changes. The community shall adopt and enforce floodplain regulations
in areas subject to annexation or corporate boundary changes which
meet or exceed those in 44 CFR 60.3.
A.
The following uses are permitted by right in the Floodplain Conservation
Overlay District in compliance with the requirements of this article:
(1)
Up to half of any required yard setback area on an individual
residential lot may extend into the Floodplain Conservation Overlay
District.
(3)
Forestry operations reviewed by the Montgomery County Conservation
District.
(4)
The following floodplain crossings are permitted, provided disturbance
to any existing woodlands and degradation of water quality are minimized
to the greatest extent practicable:
(5)
Agricultural uses conducted in compliance with methods prescribed
in the latest version of the Department of Environmental Protection's
Erosion and Sediment Pollution Control Manual. In the event that the
municipality has a Riparian Corridor Conservation District or similar
regulation, the more restrictive regulation shall apply.
(6)
Public sewer and/or water lines and public utility transmission
lines running along the corridor.
A.
Any use or activity not authorized within § 295-1912, herein, shall be prohibited within the Floodplain Conservation Overlay District and the following activities and facilities are specifically prohibited, except for as part of a redevelopment project in compliance with § 295-1912A(7) herein:
(1)
No new construction, alteration, or improvement of buildings
and any other type of permanent structure, including fences, shall
be permitted in the floodway or the one-hundred-year floodplain.
(2)
Placement of fill within the one-hundred-year floodplain is
prohibited.
(3)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse.
(4)
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 295-1912, herein, and where the effects of these actions are mitigated by reestablishment of vegetation.
(5)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards.
(6)
Roads or driveways, except where permitted as corridor crossings in compliance with § 295-1912, herein.
(7)
Motor or wheeled vehicle traffic in any area not designed to
accommodate adequately the type and volume.
(8)
Parking lots.
(9)
Subsurface sewage disposal areas.
(10)
Sod farming.
(11)
Stormwater basins, including necessary berms and outfall facilities.
A.
The provisions of this article 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 § 295-1915 of this chapter, and Article XXV of this chapter, Nonconforming Structures, Uses and Lots, shall apply.
A.
The following provisions shall apply whenever any improvement is
made to an existing structure located within any Floodplain Conservation
District:
(1)
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 base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be
allowed within any AE Area/District with floodway, as defined in § 295-1908A(4)
that would, together with all other existing and anticipated development,
increase the BFE at any point.
(3)
No expansion or enlargement of an existing structure shall be
undertaken in the direction of the stream bank.
(4)
Any modification, alteration, reconstruction, or improvement,
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
(5)
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this article
shall comply with all article requirements that do not preclude the
structure's continued designation as an historic structure. Documentation
that a specific article requirement will cause removal of the structure
from the National Register of Historic Places or the Commonwealth
Inventory of Historic Places shall be obtained from the Secretary
of the Interior or the State Historic Preservation Officer. Any exemption
from the article requirements will be the minimum necessary to preserve
the historic character and design of the structure.
(6)
The above activity shall also address the requirements of the
34 Pa. Code, as amended and the 2009 IBC and the 2009 IRC.
(7)
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "repetitive loss" shall be
undertaken only in full compliance with the provisions of this article.
(8)
Any modification, alteration, reconstruction or improvement
of any kind which removes any existing tree(s) of four caliper inches
or greater in diameter on the site shall require replacement trees
which shall be planted equal in number to the total diameter in caliper
inches of trees proposed to be removed from the site plus additional
trees (from a list selected by the Shade Tree Advisory Commission
(STAC) or the equivalent agency if STAC does not exist) so that a
minimum of one new tree (four-caliper-inch diameter minimum) for every
9,000 square feet of impermeable structure modified, altered, reconstructed
or improved shall be planted on the site in addition to all other
landscaping and buffer required by other applicable Township Codes.
Proper care and maintenance of the said replacement trees shall be
deemed to be part of the term "planted" as used in this provision.
A.
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, Cheltenham Township may, upon request, grant relief
from the strict application of the requirements.
B.
Variance procedures and conditions.
(1)
For a use other than those permitted in § 295-1912, an application seeking approval by variance shall be forwarded to the Township Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
(2)
No variance shall be granted for any construction, development,
use, or activity within any floodway area that would cause any increase
in the BFE.
(3)
No variance shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway that
would, together with all other existing and anticipated development,
increase the BFE at any point.
C.
Special requirements for subdivisions and land development.
(1)
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in flood hazard areas where base flood elevation data are not available,
shall be supported by hydrologic and hydraulic engineering analyses
that determine base flood elevations and floodway information. The
analyses shall be prepared by a licensed professional engineer in
a format required by FEMA for a conditional letter of map revision
or letter of map revision.
D.
Special requirements for manufactured homes.
(1)
Within the Floodplain Conservation District, manufactured homes
shall be prohibited within the area measured 50 feet landward from
the top-of-bank of any watercourse.
(2)
Where permitted by variance within the Floodplain Conservation
District, all manufactured homes, and any improvements thereto, shall
be:
(3)
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 Appendix E of the 2009 International Residential
Building Code 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 401-405.
(4)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the proposed installation.
F.
Variance conditions.
(1)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(2)
In granting any variance, the Township Zoning Hearing Board
shall attach the reasonable conditions and safeguards outlined herein.
These conditions and safeguards are necessary in order to protect
the public health, safety, and welfare of the residents of the Township.
(4)
In reviewing any request for a variance, the Township Zoning
Hearing Board shall consider, at a minimum, the following:
(a)
That there is good and sufficient cause, including:
[1]
That there are unique physical circumstances or
conditions, including irregularity, narrowness, or shallowness of
lot size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property and that the unnecessary
hardship is due to such conditions and not the circumstances or conditions
generally created by the provisions of the zoning article in the neighborhood
or district in which the property is located.
[2]
That because of such physical circumstances or
conditions, there is no possibility that the property can be developed
in strict conformity with the provisions of the zoning ordinance and
that the authorization of a variance is therefore necessary to enable
the reasonable use of the property.
[3]
That such unnecessary hardship has not been created
by the appellant.
[4]
That the variance, if authorized, will not alter
the essential character of the neighborhood or district in which the
property is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will:
(5)
A complete record of all variance requests and related actions
shall be maintained by Cheltenham Township. In addition, a report
of all variances granted during the year shall be included in the
biennial report to FEMA.
A.
In addition to the procedure and requirements of § 295-1916, in granting any variance, the Cheltenham Township Zoning Hearing Board shall attach the following technical provisions of § 295-1917, as applicable, to the proposal for which the variance has been granted. These conditions and safeguards are necessary in order to protect the public health, safety, and welfare of the residents of the Township.
B.
Pertaining to the alteration or relocation of watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection's regional office.
(2)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood carrying capacity of the watercourse
in any way.
(3)
In addition, the FEMA and Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
C.
The Township shall require technical or scientific data to be submitted
to FEMA for a letter of map revision (LOMR) within six months of the
completion of any new construction, development, or other activity
resulting in changes in the BFE. An LOMR or conditional letter of
map revision (CLOMR) is required for:
(1)
Any development that causes a rise in the base flood elevations
within the floodway; or
(2)
Any development occurring in Zones A1-30 and Zone AE without
a designated floodway, which will cause a rise in the base flood elevation;
or
(3)
Alteration or relocation of a stream (including, but not limited
to, installing culverts and bridges).
D.
Any new construction, development, uses or activities allowed by
variance within any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this article
and any other applicable codes, ordinances and regulations. In addition,
when such development is proposed within the area measured 50 feet
landward from the top of bank of any watercourse, a permit shall be
obtained from the Department of Environmental Protection's regional
office.
E.
Elevation and floodproofing requirements for residential structures:
(1)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation. 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
401-405, as amended) shall be used.
(2)
In A Zones, where there are no base flood elevations specified
on the FIRM, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated up to, or above,
the regulatory flood elevation determined in accordance with § 295-1908A(6)
of this chapter.
(3)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(4)
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 401-405, as amended) shall be utilized.
F.
Elevation and floodproofing requirements for nonresidential structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(2)
In A Zones, where there no base flood elevations are specified
on the FIRM, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated or completely
floodproofed up to, or above, the regulatory flood elevation.
(3)
In AO Zones, any new construction or substantial improvement
shall have their lowest floor elevated or completely floodproofed
above the highest adjacent grade to at least as high as the depth
number specified on the FIRM.
(4)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the WI 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 March
1992) 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.
(5)
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 401-405, as amended) shall be used.
G.
Requirements for spaces below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
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 "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement shall either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a)
A minimum of two openings each on a separate wall 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 shall be equipped with screens, louvers, etc. or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
H.
Requirements for accessory structures.
(1)
Structures accessory to a principal building need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
(a)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(b)
Floor area shall not exceed 100 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement shall either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
[1]
A minimum of two openings each on a separate wall
having a net total area of not less than one square inch for every
square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than
one foot above grade.
[3]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
I.
Special technical requirements for development which may endanger
human life:
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances; or 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; or 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. The following list of materials and
substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Where permitted by a variance within the floodplain area, any
new or substantially improved structure of the kind described in § 295.1917I(1)
above shall be:
(a)
Elevated or designed and constructed to remain completely dry
up to at least the regulatory flood elevation; and
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood elevation.
(c)
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 March 1992), or with some
other equivalent watertight standard.
J.
Additional design and construction standards:
(1)
The following minimum standards shall apply for all new construction,
substantial improvements and repetitive losses as conditions of a
variance being granted when proposed within any Floodplain Conservation
District:
(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
feet unless substantiated data, justifying steeper slopes, are submitted
to and approved by the Floodplain Administrator; and
[5]
Be used to the extent to which it does not adversely
affect adjacent properties.
(b)
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.
(c)
Water and sanitary sewer facilities and systems.
[1]
All new or replacement water supply 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 Floodplain Conservation District except in strict compliance
with all commonwealth 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 FEMA #348, Protecting Building Utilities From Flood Damages and
the International Private Sewage Disposal Code shall be utilized.
(d)
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.
(e)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(f)
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 § 295-1917I regarding development which may endanger human life shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(g)
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.
(h)
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]
Floors, walls and ceilings.
[4]
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 damage to the building.
[5]
Plywood used at or below the regulatory flood elevation
shall be of a marine or water-resistant variety.
[6]
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.
[7]
Windows, doors, and other components at or below
the regulatory flood elevation shall be made of metal or other water-resistant
material.
(i)
Paints and adhesives.
[1]
Paints and other finishes used at or below the
regulatory flood elevation shall be of marine or water-resistant quality.
[2]
Adhesives used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
[3]
All wooden components (doors, trim, cabinets, etc.)
shall be finished with a marine or water-resistant paint or other
finishing material.
(k)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(l)
Fuel supply systems. All gas 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
floodwater infiltration occurs.
(m)
Uniform construction code coordination.
[1]
The standards and specifications contained 34 Pa.
Code (Chapters 401-405), as amended and not limited to the following
provisions shall apply to the above and other sections and subsections
of this article, to the extent that they are more restrictive and/or
supplement the requirements of this article.
A.
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Floodplain Management Act, the activities indicated in § 295-1918B and § 295-1918C below shall be prohibited within any Floodplain Conservation District unless a special permit has been issued by Cheltenham Township. In order to apply for a special permit, a variance shall first be obtained, as outlined in § 295-1916.
C.
The commencement of, or any construction of, a new manufactured home
park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
A.
Applicants for special permits shall provide five copies of the following
items:
(1)
A written request, including a completed special permit application
Form.
(2)
A small scale map showing the vicinity in which the proposed
site is located.
(3)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date;
(b)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(c)
All property and lot lines. including dimensions, and the size
of the site expressed in acres or square feet;
(d)
The location of all existing streets, drives, other access ways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(e)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water including direction and velocities;
(g)
The location of all proposed buildings, structures, utilities,
and any other improvements;
(h)
Any other information which the municipality considers necessary
for adequate review of the application; and
(i)
A plotted census of all existing trees of four caliper inches
or greater in diameter on the site and identifying those trees which
would be removed by the construction, enlargement or expansion proposed.
The applicant shall also demonstrate on the plan the location of replacement
trees which shall be planted equal to the total diameter in caliper
inches of trees proposed to be removed from the site plus additional
trees (from a list selected by STAC or the equivalent agency if STAC
does not exist) so that a minimum of 10 trees per acre within the
Floodplain District on the site shall be planted in addition to all
other landscaping and buffer required by other applicable Township
Codes. Proper care and maintenance of the said replacement trees shall
be deemed to a be part of the term "planted" as used in this provision.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation;
(d)
Detailed information concerning any proposed floodproofing measures;
(e)
Cross-section drawings for all proposed streets, drives, other
access ways, and parking areas, showing all rights-of-way and pavement
widths;
(f)
Profile drawings for all proposed streets, drives, and vehicular
access ways, including existing and proposed grades; and
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he/she represents;
(b)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood elevation;
(c)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person, which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood elevation, including a statement concerning the effects
such pollution may have on human life;
(d)
A statement certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation elevations and flows;
(e)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation and the effects such materials and debris
may have on base flood elevation elevations and flows;
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(g)
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;
(i)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
A.
Upon receipt of an application for a special permit by Cheltenham Township the following procedures shall apply in addition to those of § 295-1922:
(1)
Within three working days following receipt of the application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the Cheltenham Planning Commission
and Cheltenham Engineer for review and comment.
(2)
If an application is received that is incomplete, Cheltenham
Township shall notify the applicant, in writing, stating in what respect
the application is deficient.
(3)
If Cheltenham Township decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
(4)
If Cheltenham Township approves an application, it shall file
written notification, together with the application and all pertinent
information, with the Department of Community and Economic Development,
by registered or certified mail, within five working days after the
date of approval.
(5)
Before issuing the special permit, Cheltenham Township shall
allow the Department of Community and Economic Development 30 days,
after receipt of the notification by the Department, to review the
application and decision made by Cheltenham Township.
(6)
If Cheltenham Township does not receive any communication from
the Department of Community and Economic Development during the thirty-day
review period, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development should
decide to disapprove an application, it shall notify Cheltenham Township
and the applicant, in writing, of the reasons for the disapproval,
and Cheltenham Township shall not issue the special permit.
A.
In addition to the aforementioned requirements of this article, the
following minimum requirements shall also apply to any proposed development
requiring a special permit. If there is any conflict between any of
the following requirements and those preceding requirements of this
article or in any other code, ordinance, or regulation, the more restrictive
provision shall apply.
B.
No application for a special permit shall be approved unless it can
be determined that the structure or activity will be located, constructed
and maintained in a manner which will:
(1)
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
(a)
The structure will survive inundation by waters of the base
flood elevation without any lateral movement or damage to either the
structure itself, or to any of its equipment or contents below the
BFE;
(b)
The lowest floor (including basement) will be elevated to at
least the regulatory flood elevation; and
(c)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood elevation.
(2)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
C.
All 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 Cheltenham Township and the Department of Community and
Economic Development.
A.
Designation of the floodplain administrator. The Zoning Officer within
the Department of Planning and Zoning is hereby appointed to administer
and enforce this article and is referred to herein as the Floodplain
Administrator.
B.
Permits required. A floodplain permit shall be required before any construction or development is undertaken within the Floodplain Conservation District. In the case of a proposed hospital, nursing home, jail, prison, or manufactured home park, the permit referred to here would be the special permit of § 295-1919 through § 295-1921.
C.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a 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.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by commonwealth and federal
laws have been obtained, such as those required by the Pennsylvania
Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania
Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania
Clean Streams Act (Act 1937-394, as amended); and the United States
Clean Water Act, Section 404, 33, U.S.C. 1344.[1] No permit shall be issued until this determination has
been made.
[1]
Editor's Note: See the Pennsylvania Sewage Facilities Act
at 35 P.S. § 750.1 et seq., the Pennsylvania Dam Safety and Encroachments
Act at 32 P.S. § 693.1 et seq., and the Pennsylvania Clean Streams
Act at 35 P.S. § 691.1 et seq.
(3)
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
(4)
During the construction period, the Floodplain Administrator
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. The Floodplain Administrator shall make as many inspections
during and upon completion of the work as are necessary.
(5)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the Floodplain Conservation District, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(6)
In the event the Floodplain Administrator 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 Floodplain Administrator shall revoke the permit
and report such fact to the Township Board of Commissioners for whatever
action it considers necessary.
(7)
The Floodplain Administrator shall maintain all records associated
with the requirements of this article, including, but not limited
to, permitting, inspection and enforcement.
(8)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by Cheltenham Township. Such application
shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits or variances required.
(6)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
B.
If any new proposed construction or development is located entirely
or partially within any Floodplain Conservation District, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator 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
hazards.
(4)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(5)
Building materials will be flood-resistant.
(6)
Appropriate practices that minimize flood damage have been used.
(7)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other access
ways; and
(e)
The location of any existing bodies of water or watercourses,
the Floodplain Conservation District, and, if available, information
pertaining to the floodway, and the flow of water, including direction
and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at a scale of one inch being equal to 100 feet or less showing
the following:
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation; and detailed information concerning any
proposed floodproofing measures and corresponding elevations.
(b)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an AE Area/District without floodway when combined with all
other existing and anticipated development, will not increase the
base flood elevation at any point.
(c)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood elevation.
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.
(d)
Detailed information needed to determine compliance with § 295-1917J(1)(f), Storage, and § 295-1917I, regarding development which may endanger human life, including:
(e)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(f)
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.
(5)
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the Floodplain Administration.
A copy of all applications and plans for proposed construction
or development in any Floodplain Conservation District to be considered
for approval shall be submitted by the Floodplain Administrator to
the County Conservation District for review and comment prior to the
issuance of a Permit. The recommendations of the Conservation District
shall be considered by the Floodplain Administrator for possible incorporation
into the proposed plan.
A copy of all plans and applications for any proposed construction
or development in any Floodplain Conservation District to be considered
for approval may be submitted by the Floodplain Administrator to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
municipal engineer, etc.) for review and comment.
After the issuance of a permit by the Floodplain Administrator,
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 Floodplain
Administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
In addition to the permit, the Floodplain Administrator shall
issue a placard which shall be displayed on the premises during the
time construction is in progress. This placard shall show the number
of the permit, the date of its issuance and be signed by the Floodplain
Administrator.
A.
The start of construction under the permit shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the Permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The term "start of construction" shall be understood as defined in § 295-1906 of this chapter.
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 Floodplain Administrator to approve such a request.
A.
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(4)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served by any method authorized or required by the
laws of this state; and
(5)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this article.
B.
Civil penalties. Any person who fails to comply with any or all of
the requirements or provisions of this article or who fails or refuses
to comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the municipality may have a civil
judgment payable to Cheltenham Township, of not less than $300 nor
more than $1,000 per violation plus costs of prosecution entered against
them. In addition to the above penalties, all other actions are hereby
reserved, including an action in equity for the enforcement of this
article. The imposition of a judgment for any violation of, or noncompliance
with, this article shall not excuse the violation or noncompliance
or permit it to continue and all such persons shall be required to
correct or remedy such violations and noncompliance within a reasonable
time. Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated, in violation of this
article may be declared by the Township Board of Commissioners to
be a public nuisance and abatable as such.
A.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article, may appeal to the Township Board of Commissioners. Such appeal
shall be filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
B.
Upon receipt of such appeal the Township Board of Commissioners shall
set a time and place, within not less than 10 or not more than 30
days, for the purpose of considering the appeal. Notice of the time
and place at which the appeal will be considered shall be given to
all parties.
C.
Any person aggrieved by any decision of the Township Board of Commissioners
may seek relief there from by appeal to court, as provided by the
laws of this commonwealth including the Pennsylvania Floodplain Management
Act.
