Borough of Milton, PA
Northumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Miltonas indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 103.
Electrical standards — See Ch. 119.
Housing standards — See Ch. 147.
Mechanical standards — See Ch. 155.
Subdivision of land — See Ch. 213.
Zoning — See Ch. 243.
[Adopted 4-14-1970 byOrd. No. 584]

§ 137-1 Property to be kept clear; specifications.

All owners of property within the Borough of Milton bordering on the Susquehanna River shall keep the portions of said property lying between the high and low watermarks of said river cleared of all brush, fallen trees and snags and maintain said property in accordance with the provisions of the Maintenance Manual of the Corps of Engineers for the Clearing and Snagging Project for Milton, Pennsylvania, and specifications thereto; and in accordance with the plans and specifications for the Milton Slope Stabilization Project of the Pennsylvania Department of Forests and Waters. Copies of said manual, specifications and plans are on file in the office of the Milton Borough Secretary and are incorporated herein by reference.

§ 137-2 Notice; failure to comply.

The Borough Council, or any officer or employee of the Borough designated thereby for the purpose, is hereby authorized to give notice, by personal service or by United States Mail, to the owner of any such property in violation of any of the provisions of § 137-1 of this article, directing and requiring such owner to conform said property to the requirements of this article within 30 days after issuance of such notice. In case any such owner shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough authorities may remove or cut any such brush, fallen trees and snags and do whatever else is necessary to conform said property to the provisions of this article; and the cost thereof, together with any additional penalty authorized by law, may be collected by the Borough from such owner in the manner provided by law.

§ 137-3 Violations and penalties.

[Amended 10-28-1998 by Ord. No. 1103]
Any person, association, firm or corporation violating or failing, neglecting or refusing to comply with any of the provisions of this article shall, upon conviction thereof before any District Justice, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of said fine and costs, to imprisonment in the county jail for not more than 30 days, provided that each day's continuance of a violation, after expiration of the applicable notice, shall constitute a separate offense.
[Adopted 1-8-1992 by Ord. No. 1026]

§ 137-4 Intent.

The intent of this article is to:
A. 
Promote the general health, welfare and safety of the community.
B. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C. 
Minimize danger to public health and safety, by protecting the water supply, sanitary sewage disposal and natural drainage.
D. 
Reduce financial burdens imposed on the community, its governmental units and its residents, by preventing the unwise design and construction of development in areas subject to flooding.

§ 137-5 Abrogation; greater restrictions to apply.

This article supersedes any ordinances in effect in flood-prone areas. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive.

§ 137-6 Applicability.

A. 
It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken any construction or development anywhere within Milton Borough unless a building permit and other necessary permits have been obtained from the Building Permit Officer.
B. 
A building permit shall not be required for minor repairs to existing buildings or structures, provided that no structural changes or modifications are involved.
C. 
Provisions of all other ordinances and regulations shall be applicable insofar as they are consistent with the provisions of this article and the Borough's needs to minimize the hazards and damage resulting from flooding.

§ 137-7 Definitions and word usage. [1]

Unless specifically defined below, words and phrases used in this article shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this article its most reasonable application.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.
BASE FLOOD
The flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared; for purposes of this article, the one-hundred-year flood.
BASE FLOOD ELEVATION
The one-hundred-year-flood elevation. Within the approximate floodplain, the "base flood elevation" shall be established as a point on the boundary of the approximated floodplain which is nearest to the construction site in question.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
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.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.
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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
[Added 2-27-1992 by Ord. No. 1028]
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured 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).
[Added 2-27-1992 by Ord. No. 1028]
FLOOD
A general and temporary inundation of normally dry land area.
A. 
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; and
B. 
An area subject to the unusual and rapid accumulation of runoff or surface waters from any source. For the purpose of this article, the one-hundred-year floodplain as defined by the United States Department of Housing and Urban Development (HUD), Flood Insurance Administration (FIA).
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more buildings; or
(2) 
The division or allocation of land or space between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; and
B. 
A subdivision of land.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of the National Flood Insurance Program, Part 60.3.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers and recreational and other similar vehicles placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel or contiguous parcels of land which have been planned and approved for the placement of two or more manufactured homes.
MINOR REPAIR
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 the addition to, alteration of or replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring or mechanical or other work affecting public health or general safety.
NEW CONSTRUCTION
Structures for which the start of construction, as herein defined, commenced on or after the effective date of this article. This term does not apply to any work on a structure existing before the effective date of this article.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
[Added 2-27-1992 by Ord. No. 1028]
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or flood-prone area which:
A. 
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
B. 
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 has one chance in 100 or a one-percent chance of being equaled or exceeded in any year. For the purpose of this article, the "one-hundred-year flood" (base flood) as defined by the United States Department of Housing and Urban Development, Federal Insurance Administration, in the Flood Insurance Study, Borough of Milton, Northumberland County, Pennsylvania.
PERSON
Any individual or group of individuals, corporation, partnership, association or other entity, including state and local governments and agencies.
PRINCIPALLY ABOVE GROUND
Where at least 51% of the actual cash value of a structure, less the land value, is above ground.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation.
SPECIAL PERMIT
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.
START OF CONSTRUCTION
The first placement of permanent construction (other than a manufactured home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages and sheds, not occupied as dwellings units or not as part of the main structure. For a structure (other than a manufactured home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For manufactured homes not within a manufactured home park or manufactured home subdivision of facilities, "start of construction" is the date on which the construction of facilities for serving the site on which the manufactured home is to be affixed, including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities, is completed.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home park.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts or parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new streets or easements of access, shall be exempted.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
[Added 2-27-1992 by Ord. No. 1028]
SUBSTANTIAL IMPROVEMENT
Any rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual work performed. The term does not include, however, either:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which are identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of a historic structure on the National Register of Historic Places or State Inventory of Historic Places.
[1]
Editor's Note: Per Ord. No. 1194, adopted 2-25-2015, the definitions contained in this section have been superseded by those in Ch. 2, Definitions.

§ 137-8 Floodplain District.

A. 
The Floodplain District shall include all areas subject to inundation by the waters of the one-hundred-year flood. The source of this delineation shall be the Type 15 Flood Insurance Study of the Borough of Milton, Northumberland County, Pennsylvania, as prepared by the United States Department of Housing and Urban Development, Federal Insurance Administration, dated August 1979, or the most recent revision thereof as issued by the Federal Emergency Management Administration, and the Flood Boundary and Floodway Map for the Borough of Milton, dated February 2, 1980. For the flood-prone areas shown on Panel 1 or 2 of the Milton Flood Boundary and Floodway Map, profile information for the one-hundred-year-flood elevations can be found in the West Chillisquaque Flood Insurance Study.
B. 
The Floodplain District shall be comprised of two subdivisions, as follows:
(1) 
Floodway (FW): That portion of the Floodplain District required to carry and discharge the waters of the one-hundred-year flood without increasing the water surface elevation at any point more than one foot above existing conditions, as demonstrated in the Type 15 Flood Insurance Study for the Borough of Milton referred to above.
(2) 
Floodway Fringe (FF): Those portions of land within the Floodplain District subject to inundation by the one-hundred-year flood lying beyond the floodway in areas where detailed study data and profiles are made available by the Borough's Type 15 Flood Insurance Study.
C. 
Amendments.
(1) 
The delineation of the floodplain may be revised, amended and modified by the Borough of Milton in compliance with the National Flood Insurance Program when:
(a) 
There are changes through natural or other causes.
(b) 
Changes are indicated by future detailed hydraulic studies.
(2) 
All such changes shall be subject to the review and approval of the Federal Emergency Management Agency.
D. 
Should a dispute concerning any district boundary arise, an initial determination shall be made by the Building Permit Officer. Any party aggrieved by this decision may appeal to the Council of the Borough of Milton. The burden of proof shall be on the appellant.

§ 137-9 Development in the Floodway (FW).

A. 
General requirements.
(1) 
In the Floodway, no development shall be permitted which causes a rise in the one-hundred-year-flood level unless the effect of such development on flood heights is fully offset by accompanying stream improvements which have been approved by all appropriate local and/or state authorities. When a developer proposes to offset the effects of development in the Floodway by the construction of stream improvements, he shall submit an engineering study by a registered professional engineer which fully evaluates the effects of such construction. The report shall use the base flood, as herein defined, as the basis of analysis. All adjacent communities, the Borough of Milton and the Pennsylvania Department of Community Affairs shall be notified by the developer, by certified mail, of such intended activities prior to any alteration or relocation of a watercourse and shall submit copies of such notifications to the Federal Insurance Administration. In addition, the developer shall assure the Borough, in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be maintained.
(2) 
All uses, activities and developments shall be undertaken in strict compliance with the floodproofing and related provisions contained herein and in all other applicable codes, ordinances and regulations.
(3) 
The provisions of Subsection A(1) shall in no way supersede or limit the provisions of § 137-11, Existing structures, and §§ 137-26 through 137-29, on variances, hereinafter set forth, as said provisions apply to modifications, alterations, reconstruction or improvements of existing structures in the Floodway.
B. 
Manufactured homes. In the Floodway, the placement of any manufactured homes, except in an existing manufactured home park or manufactured home subdivision, shall be prohibited. For any existing manufactured home park or subdivision within the Floodway, the owner or operator of the manufactured home park or subdivision shall file with the disaster preparedness authorities of Northumberland County and the Borough of Milton an excavation plan with indicated alternative vehicular access routes and escape routes.
C. 
Specified institutional uses. The commencement of any of the following activities or the construction, enlargement or expansion of any structure used or intended to be used for any of the following activities is prohibited in the Floodway (FW):
(1) 
Hospitals.
(2) 
Nursing homes.
(3) 
Jails or prisons.
D. 
Development which may endanger human life.
(1) 
In the Floodway, no new structure may be built and no existing structure may be substantially improved which:
(a) 
Will be used for the production or storage of any of the dangerous materials or substances in Subsection D(2);
(b) 
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 dangerous materials or substances in Subsection D(2) on the premises; or
(c) 
Will involve the production, storage or use of any amount of radioactive substances.
(2) 
Dangerous materials or substances shall include the following:
Acetone
Ammonia
Benzene
Calcium carbide
Carbon disulfide
Celluloid
Chlorine
Hydrochloric acid
Hydrocyanic acid
Magnesium
Nitric acid and oxides of nitrogen
Petroleum products (gasoline, fuel oil, etc.)
Phosphorus
Potassium
Sodium
Sulphur and sulphur products
Pesticides (including insecticides, fungicides and rodenticides)
Radioactive substances, insofar as such substances are not otherwise regulated

§ 137-10 Development in the Floodway Fringe (FF).

In the Floodway Fringe, any development and/or use of land shall be permitted, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained herein and in all other applicable codes, ordinances and regulations. In addition, whenever a developer intends to alter or relocate a watercourse within the Floodway Fringe or the approximated floodplain, the developer shall notify, in writing, by certified mail, all adjacent communities, the Borough of Milton and the Pennsylvania Department of Community Affairs of all such intended activities prior to any alteration or relocation of the watercourse and shall submit copies of any notifications to the Federal Insurance Administration. The developer shall also assure the Borough of Milton, in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be maintained.
A. 
Specified institutional uses and manufactured homes.
(1) 
The commencement of any of the following activities or the construction, enlargement or expansion of any structure used or intended to be used for any of the following activities is permitted only by special permit if located partially or entirely within the Floodway Fringe, in accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166)[1] and regulations adopted by the Pennsylvania Department of Community Affairs as required by the Act.
(a) 
Hospitals.
(b) 
Nursing homes.
(c) 
Jails or prisons.
(d) 
Manufactured home parks and subdivisions.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2) 
In the case of manufactured home parks or subdivisions, the owner or operator must also file an evacuation plan indicating alternate vehicular access routes with the disaster preparedness authorities of the County of Northumberland, the Borough of Milton and the Pennsylvania Department of Community Affairs.
B. 
Development which may endanger human life.
(1) 
In the Floodway Fringe (FF), no new structure of the kind described under § 137-9D above may be constructed and no existing structure of such kind may be substantially improved, unless such structure shall be:
(a) 
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood; and
(b) 
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
(2) 
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) or with some other equivalent watertight standard.

§ 137-11 Existing structures.

A. 
Existing structures located in the Floodway shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvements.
B. 
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, regardless of location, 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 pertaining to floodproofing and elevating and in full compliance with the requirements that no structure shall create a rise in the one-hundred-year-flood elevation.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, which dealt with variances for destroyed or damaged structures, was repealed 2-27-1992 by Ord. No. 1028.
D. 
Substantial improvement to an existing manufactured home park or manufactured home subdivision may be undertaken only upon approval of the applicant's special permit.[2]
[2]
Editor's Note: Former Subsection E, regarding manufactured homes, which immediately followed this subsection, was moved to § 137-12D(13) by Ord. No. 1028, adopted 2-27-1992.

§ 137-12 Building permit requirements.

A. 
Building permits are required to determine whether all new construction or substantial improvements are:
(1) 
Designed or modified and adequately anchored to prevent flotation, collapse or lateral movement.
(2) 
Constructed with materials and utility equipment resistant to flood damage.
(3) 
Constructed by methods and practices that minimize flood damage.
B. 
The basic format of the building permit shall include the following:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner of the land on which the proposed construction is to occur.
(3) 
The name and address of the contractor.
(4) 
The site location.
(5) 
A brief description of the proposed work and its estimated cost.
(6) 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
C. 
Depending on the type of structure involved, the following information shall also be included in the building permit for work within the Floodplain District:
(1) 
For structures to be elevated to the base flood elevation:
(a) 
A plan showing the size of the proposed structure and its relation to the lot where it is to be constructed.
(b) 
A determination of elevations of the existing ground, proposed finished ground and lowest floors, certified by a registered professional engineer or surveyor or architect.
(c) 
Plans showing the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. When required by the Zoning Officer, these plans shall be prepared by a registered professional engineer or architect.
(d) 
Plans showing the methods used to protect utilities, including sewer, water, telephone, electric, gas, etc., from flood to the base flood elevation at the building site.
(2) 
For structures to be floodproofed to the base flood elevation (nonresidential structures only):
(a) 
The plans must show details of all floodproofing measures, prepared by a registered professional engineer or architect, and must show the size of the proposed structure and its relation to the lot where it is to be constructed.
(b) 
A determination of elevations of existing ground, proposed finished ground, lowest floors and floodproofing limits, certified by a registered professional engineer, surveyor or architect.
(c) 
A certificate prepared by the registered professional engineer or architect who prepared the plans in Subsection C(2)(a) above that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
[1] 
Below the base flood elevation the structure is watertight, with walls substantially impermeable to the passage of water.
[2] 
The structure will withstand the hydrostatic and hydrodynamic buoyant impact and other forces resulting from the flood depths, velocities, pressures and other factors associated with the base flood.[1]
[1]
Editor's Note: Former Subsection C(2)(c)[3], regarding fully enclosed areas below the lowest floor, which immediately followed this subsection, was moved to § 137-12D(1)(b) by Ord. No. 1028, adopted 2-27-1992.
D. 
Minimum floodproofing standards. In order to prevent excessive damage to buildings and structures, the following restrictions shall apply to all new construction and to construction of substantial improvements to all existing structures occurring in the Floodplain District:
(1) 
Basements and lowest floors.
(a) 
All new construction and substantial improvements of residential structures must have the lowest floor, including basement, elevated to the base flood elevation. All new construction and substantial improvements of nonresidential structures must have the lowest floor, including basement, elevated to the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that the base flood level of the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(b) 
For structures which are to be elevated to the base flood elevation, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. The design must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
[Added 2-27-1992 by Ord. No. 1028]
[1] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(2) 
Fill. If fill is said to raise the finished surface of the lowest floor to the base flood elevation:
(a) 
Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally 15 feet beyond the building line from all points. For nonresidential structures, the fill shall be placed to provide access acceptable for intended use. At grade access, fill extending laterally 15 feet beyond the building line shall be provided to a minimum of 25% of the perimeter of a nonresidential structure.
(b) 
Fill shall consist of soil or rock materials only. Sanitary landfills shall not be permitted. Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or settling.
(c) 
Fill slopes shall be no steeper than one vertical to two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Zoning Officer.
(d) 
Fill shall be used only to the extent to which it does not adversely affect adjacent properties.
(3) 
Placement of buildings, structures and manufactured homes.
(a) 
All buildings and structures shall be constructed and placed on the lot so as to offer minimal obstruction to the flow of water and shall be designated to have a minimal obstructive effect upon the flow and height of floodwaters.
(b) 
The following shall not be placed or caused to be placed in the designated floodway: fences, except two-wire fences, other matter which may impede, retard or change the direction of the flow of water or which will catch or collect debris carried by such water or be placed where the natural flow of the stream or floodwaters would carry the same downstream to the damage or detriment of either public or private property adjacent to the floodplain.
(c) 
Manufactured homes shall be elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the one-hundred-year flood.
(d) 
Adequate surface drainage and access for a manufactured home hauler shall be provided.
(e) 
When manufactured homes are to be elevated on pilings, lots shall be large enough to permit steps, piles shall be placed in stable soil not more than 10 feet apart and reinforcement shall be provided for pilings more than six feet above the ground.
(4) 
Anchoring.
(a) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse and lateral movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.
(b) 
All air ducts, large pipes and storage tanks located at or below the base flood elevation shall be firmly anchored to resist flotation.
(c) 
All manufactured homes shall be placed on a permanent foundation and anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors.
[1] 
Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, and mobile homes less that 50 feet long shall require one additional tie per side.
[2] 
Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side.
[3] 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
[4] 
Any additions to a manufactured home shall be similarly anchored.
(5) 
Storage. No new construction which stores materials that are buoyant, flammable, explosive or in times of flooding could be injurious to human, animal or plant life shall be stored below base flood elevation.
(6) 
Floors, walls and ceilings.
(a) 
Wood flooring used at or below the base 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.
(b) 
Plywood used at or below the base flood elevation shall be of a marine or water-resistant variety.
(c) 
Walls and ceilings at or below the base flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(d) 
Windows, doors and other components at or below the base flood elevation shall be made of metal or other water-resistant materials.
(7) 
Paints and adhesives.
(a) 
Paints or other finishes used at or below the base flood elevations shall be of a marine or water-resistant quality.
(b) 
Adhesives used at or below base flood elevation shall be of a marine or water-resistant quality.
(c) 
All wooden components (doors, trim, cabinets, etc.) used at or below the base flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
(8) 
Electrical components.
(a) 
Electrical distribution panels shall be at least three feet above the one-hundred-year-flood elevation.
(b) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(9) 
Equipment. Water heaters, furnaces, air-conditioning and ventilating units and other electrical, mechanical or utility equipment shall not be located below the base flood elevation.
(10) 
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 the floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(11) 
Other utilities. All other utilities such as gaslines and electrical and telephone systems shall be located, elevated, where possible, and constructed to minimize the chance of impairment during a flood.
(12) 
Streets. The finished elevation of all new streets shall be no more than one foot below the base flood elevation.
(13) 
Manufactured homes that are placed or substantially improved on sites outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision or in an existing manufactured home park or subdivision, on which a manufactured home as incurred substantial damage as the result of flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of § 137-12D(3)(b) of this chapter shall be elevated so that either:
[Added 2-27-1992 by Ord. No. 1028]
(a) 
The lowest floor of the manufactured home is at or above the base flood elevation; or
(b) 
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

§ 137-13 Site plan requirements.

A. 
The owner or developer of any proposed subdivision, manufactured home park or subdivision or other land development shall submit a site plan to the Zoning Officer, which includes the following information:
(1) 
The name of the engineer, surveyor or other qualified person responsible for providing the information required in this section.
(2) 
A map showing the location of the proposed subdivision and/or land development with respect to the municipality's flood-prone areas, proposed lots and sites, fills, flood or erosion protection facilities and areas subject to special deed restrictions. In addition, it is required that all subdivision and/or land development plans located partially or wholly within a delineated floodplain shall include base flood elevation data.
(3) 
Where the subdivision and/or land development lies partially or completely in the flood-prone areas, the plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall also show contours at intervals of two or five feet depending upon the slope of the land and shall identify accurately the boundaries of the flood-prone areas.
(4) 
Copies of all federal and state permits required for development or construction of all structures, improvements and land uses shown on the subdivision or site development plan, which may include but are not limited to: water quality management, erosion and sedimentation permits, dams and encroachment permits and driveway permits.
(5) 
A record of this information must be kept on file by the Borough of Milton, Northumberland County, Pennsylvania.
B. 
For all new manufactured home parks or expansions to existing manufactured home parks and for existing manufactured home parks where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, the following requirements shall be met for any construction within the Floodway Fringe or approximated floodplain:
(1) 
Stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of each manufactured home will be at the base flood elevation.
(2) 
Adequate surface drainage and access for a manufactured home hauler shall be provided.
(3) 
When manufactured homes are to be elevated on pilings, lots shall be large enough to permit steps, piles shall be placed in stable soil no more than 10 feet apart and reinforcement shall be provided for pilings more than six feet above ground level.
(4) 
A special permit shall be obtained. (See §§ 137-14 through 137-16.)
C. 
Utility and facility requirements. For all proposed subdivisions, manufactured home parks and/or subdivisions or other land developments, the Zoning Officer shall require:
(1) 
All new or replacement water systems or sanitary disposal systems located within the Floodplain District, whether public or private, to be floodproofed to the base flood elevation.
(2) 
Sanitary sewer facilities and systems to be designed to prevent the discharge of untreated sewage into floodwaters.
(3) 
All other new or replacement public or private utilities and facilities to be elevated or floodproofed to the base flood elevation.
(4) 
All information required under §§ 137-14 through 137-16.
D. 
Drainage. Adequate drainage shall be provided to reduce exposure to flood hazards.

§ 137-14 Special permit applications.

Applicants for special permits shall provide five copies of the following items:
A. 
A written request, including a completed building permit application form.
B. 
A small scale map showing the vicinity in which the proposed site is located.
C. 
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:
(1) 
North arrow, scale and date.
(2) 
Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet.
(3) 
All property and lot lines, including dimensions and the size of the site expressed in acres of square feet.
(4) 
The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction and elevations.
(5) 
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.
(6) 
The location of the floodplain boundary line, information and spot elevations and information concerning the flow of water, including direction and velocities.
(7) 
The location of all proposed buildings, structures, utilities and any other improvements.
(8) 
Any other information which the municipality considers necessary for adequate review of the application.
D. 
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
(1) 
Sufficiently detailed architectural or engineering drawings, including floor plans, sections and exterior building elevations, as appropriate.
(2) 
For any proposed building, the elevation of the lowest floor, including basement, and, as required, the elevation of any other floor.
(3) 
Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood.
(4) 
Detailed information concerning any proposed floodproofing measures.
(5) 
Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all rights-of-way and pavement widths.
(6) 
Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades.
(7) 
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.
E. 
The following data and documentation:
(1) 
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 represents.
(2) 
Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood.
(3) 
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 one-hundred-year flood, including a statement concerning the effects such pollution may have on human life.
(4) 
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 one-hundred-year-flood elevations and flows.
(5) 
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 one-hundred-year-flood elevation and the effects such materials and debris may have on one-hundred-year-flood elevations and flows.
(6) 
The appropriate component of the Department of Environmental Resources Planning Module for Land Development.
(7) 
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control.
(8) 
Any other applicable permits, such as but not limited to a permit for any activity regulated by the Department of Environmental Resources under Section 302 of Act 1978-166.[1]
[1]
Editor's Note: See 32 P.S. § 679.302.
(9) 
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.

§ 137-15 Review of special permit applications.

Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to all other applicable permit procedures which are already established:
A. 
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 Borough Planning Commission and Engineer for review and comment.
B. 
If an application is received that is incomplete, the Borough shall notify the applicant, in writing, stating in what respects the application is deficient.
C. 
If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
D. 
If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community Affairs, by registered mail, within five working days after the date of approval.
E. 
Before issuing the special permit, the Borough shall allow the Department of Community Affairs 30 days, after receipt of the notification by the Department, to review the application and the decision made by the Borough.
F. 
If the Borough does not receive any communication from the Department of Community Affairs during the thirty-day review period, it may issue a special permit to the applicant.
G. 
If the Department of Community Affairs should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval and the Borough shall not issue the special permit.

§ 137-16 Special permit requirements.

In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provisions shall apply.
A. 
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 one-hundred-year flood without any lateral movement or damage to either the structure itself or to any of its equipment or contents below the one-hundred-year-flood elevation.
(b) 
The lowest floor elevation, including basement, will be at least one and one-half (1 1/2) feet above the one-hundred-year-flood elevation.
(c) 
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at anytime during the one-hundred-year flood.
(2) 
Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property.
B. 
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 the Borough and the Department of Community Affairs.

§ 137-17 Required permits and approvals.

A. 
It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken the new construction, substantial improvement of any structure or relocation of any structure, including manufactured homes, or any other development within the Floodplain District unless a building permit and any other necessary permits have first been obtained from the Zoning Officer and Building Permit Officer. In addition, where a property is to be developed, where land is to be subdivided, utilized for a manufactured home park or subdivision or otherwise developed, a site plan must be submitted to and approved by the Zoning Officer prior to any land development or subdivision and prior to any improvement of the site to be developed.
B. 
A building permit shall not be required for minor repairs to existing buildings or structures, provided that no structural changes or modifications are involved.

§ 137-18 Approval of permits and plans.

A. 
All permits and plans shall be approved only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this article and all other applicable codes and ordinances.
B. 
Prior to the issuance of any building permit, the Building Permit Officer shall review the application for permit to determine if all other necessary governmental permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Dam Safety and Encroachments Act (Act 1[1]978-325, as amended); No permit shall be issued until this determination has been made.
[1]
amended). Editor's Note: See 35 P.S. § 691.1 et seq.

§ 137-19 Application procedure; issuance or denial.

Application for building permits, special permits and site plan approvals shall be sent, in writing, to the Zoning Officer, and shall include all information stipulated under §§ 137-12 through 137-13 of this article and §§ 137-14 through 137-16, if applicable. The Zoning Officer shall issue a building permit within 15 days from the date of the application and after it has been determined that the proposed construction, reconstruction or alterations will be in conformance with all applicable requirements and regulations, except in cases where a special permit is required. In cases where a special permit is required, the Zoning Officer shall issue the building and special permits or written notice as to the reason such permits are denied within 45 days of the date of application. A dated receipt will be issued to the property owner upon presenting a request for a permit.

§ 137-20 Changes after issuance.

After the issuance of a building permit, special permit or site plan approval by the Zoning Officer, no changes of any kind shall be made to the application, permits or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Zoning Officer. In the case of a special permit, the written consent of the Department of Community Affairs must also be obtained.

§ 137-21 Display of placards; contents.

In addition to the building permit and any required special permit, the Zoning Officer 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 building permit and the date of its issuance and shall be signed by the Zoning Officer.

§ 137-22 Start of construction.

Work on the proposed construction shall begin within six months after the date of the issuance of the building permit or the permit shall expire, unless a time extension is granted, in writing, by the Zoning Officer.

§ 137-23 Inspections; revocation of permits.

During the construction period, the Zoning Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application(s) with all applicable laws and ordinances. In the event that the Zoning Officer discovers that the work does not comply with the permit application(s) or any applicable laws and/or ordinances or that there has been a false statement or misrepresentation by an applicant, the Zoning Officer shall revoke the building permit and special permit, if applicable, and report such fact to the governing body of the Borough of Milton for whatever action is considered necessary.

§ 137-24 Fees.

No additional fees shall be charged for building or special permits issued under this article, but the applicant shall pay the fees required under other Borough ordinances prior to the issuance of any permit.

§ 137-25 Materials to be filed with Assessor.

For record and tax purposes, one copy of each permit and site plan drawing shall be transmitted to the Northumberland County Assessor's office.

§ 137-26 Appeals.

A. 
Any person aggrieved by the Zoning Officer's estimate of the cost of the proposed construction may appeal to the Zoning Hearing Board of the Borough of Milton. Such appeal must be filed, in writing, within 30 days after the determination by the Zoning Officer. Upon receipt of such appeal, the Zoning Hearing Board of the Borough of Milton shall set a time and place not less than 10 days nor more than 30 days from the date of receipt for the purpose of hearing the appeal. Notice of the time and place of the hearing shall be sent to the aggrieved party. The appeal shall be conducted in accordance with the procedures set forth in Chapter 243, Zoning, of the Code of the Borough of Milton.
B. 
In case of denial of any building permit, the Zoning Officer shall send to the applicant a written notice, signed and dated, as to the cause or reason of denial. In case of denial of a permit by the Zoning Officer, the applicant may appeal within 15 days to the Zoning Hearing Board and the appeal must be honored. The Board shall convene on the appeal within 15 days after receiving notification of the application for appeal, and the meeting shall be open to the public. Final decision by the Zoning Hearing Board shall be made within 15 days after the meeting is held. The appeal shall be conducted in accordance with the procedures set forth in Chapter 243, Zoning, of the Code of the Borough of Milton.

§ 137-27 Variances.

If the compliance with the elevations or floodproofing requirements contained in this article results in a hardship for a prospective builder, developer or land owner, including the owner of an existing structure in the floodway area, the Zoning Hearing Board of the Borough of Milton may, upon request, grant relief from the strict application of the requirements provided in the criteria and procedures in accordance with the requirements of § 137-28 hereof.

§ 137-28 Review of requests for variances and appeals.

A. 
All appeals contesting only the permit fee established by the Zoning Officer will be decided by the Zoning Hearing Board in accordance with the procedures set forth in Chapter 243, Zoning, of the Code of the Borough of Milton. However, no variance may be granted which would allow any of the activities cited in § 137-9B, C and D of this article to be located within the Floodway (FW); nor may a variance be granted for any requirements contained in § 137-10A and B of this article.
B. 
All decisions on appeals or variances to all other provisions of this article not covered in Subsection A above shall adhere to the following criteria:
(1) 
An affirmative decision shall not be issued by the Zoning Hearing Board within the designated floodway if any increase in flood levels during the base flood discharge would result.
(2) 
A decision may be issued by the Zoning Hearing Board of the Borough of Milton for new construction and substantial improvement to existing structures constructed below the base flood level, in conformance with the procedures of Subsection B(3), (4) and (5) of this section.
(3) 
Affirmative decisions shall only be issued by the Zoning Hearing Board of the Borough of Milton upon:
(a) 
Showing of good and sufficient cause;
(b) 
A determination that failure to grant the appeal would result in exceptional hardship to the applicant; and
(c) 
A determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances, cause fraud on or victimization of the public or conflict with existing laws or ordinances.
(4) 
Affirmative decisions shall only be issued upon determination that the proposed variance is the minimum necessary, considering the flood hazard to afford relief.
(5) 
The Zoning Hearing Board shall notify the applicant, in writing, that:
(a) 
The issuance of a decision to allow construction of a structure below base flood level will result in increased premium rates for flood insurance; and
(b) 
Such construction below the base flood level increases risk to life and property.
(6) 
The Zoning Hearing Board shall:
(a) 
Maintain a record of all decisions, including justification of their issuance; and
(b) 
Report such decisions issued in the Borough's annual report submitted to the Federal Insurance Administration.

§ 137-29 Violations and penalties.

A. 
Any person who fails to comply with any or all of the requirements or provisions of this article or direction of the Zoning Officer or any other authorized employee of the Borough of Milton shall be guilty of an offense and upon conviction, shall pay a fine to the Borough of Milton of not more than $1,000, plus costs of prosecution. In default of such payment, such person shall be imprisoned in the county prison for a period not to exceed 60 days. Each day during which any violation of this article continues shall constitute a separate offense.
B. 
In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty 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 violation and noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the Borough of Milton to be a public nuisance and abatable as such.

§ 137-30 Nonliability of Borough.

The granting of a permit or approval of a subdivision or land development plan in an identified flood-prone area shall not constitute a representation, guaranty or warranty of any kind by the Borough of Milton or by an official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon the Borough of Milton, its officials or employees.