[HISTORY: Adopted by the Borough Council
of the Borough of Miltonas indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-14-1970 byOrd. No. 584]
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.
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.
[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]
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.
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.
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.
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.
A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
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.
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.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
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.
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.
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]
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]
A general and temporary inundation of normally dry land area.
A relatively flat or low land area adjoining
a river, stream or watercourse which is subject to partial or complete
inundation; and
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).
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.
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.
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.
A parcel or contiguous parcels of land which have been planned
and approved for the placement of two or more manufactured homes.
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.
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.
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]
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 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.
Any individual or group of individuals, corporation, partnership,
association or other entity, including state and local governments
and agencies.
Where at least 51% of the actual cash value of a structure,
less the land value, is above ground.
The one-hundred-year flood elevation.
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.
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.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home park.
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.
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]
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:
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
Any alteration of a historic structure on the
National Register of Historic Places or State Inventory of Historic
Places.
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.
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.
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):
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:
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Acetone
|
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Ammonia
|
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Benzene
|
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Calcium carbide
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Carbon disulfide
|
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Celluloid
|
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Chlorine
|
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Hydrochloric acid
|
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Hydrocyanic acid
|
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Magnesium
|
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Nitric acid and oxides of nitrogen
|
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Petroleum products (gasoline, fuel oil, etc.)
|
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Phosphorus
|
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Potassium
|
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Sodium
|
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Sulphur and sulphur products
|
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Pesticides (including insecticides, fungicides
and rodenticides)
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Radioactive substances, insofar as such substances
are not otherwise regulated
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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:
(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.
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.
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.
A.
Building permits are required to determine whether
all new construction or substantial improvements are:
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.
(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.
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.
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.
D.
Drainage. Adequate drainage shall be provided to reduce
exposure to flood hazards.
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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
For record and tax purposes, one copy of each
permit and site plan drawing shall be transmitted to the Northumberland
County Assessor's office.
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.
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.
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.
(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.
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.
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.
