The landowner, person and/or entity performing
any earth disturbance shall utilize sufficient measures to prevent
soil erosion and sedimentation of creeks.
A.
The disturbed land area and the duration of exposure
shall be kept to a practical minimum.
B.
Any earth disturbance over 5,000 square feet of land
area shall require the submission of an adequate erosion and sedimentation
control plan to the County Conservation District.
C.
See state erosion control regulations (Note: as of
1999 in 25 Pa. Code Chapter 102).
A.
No landowner, tenant nor lessee shall use or allow
to be used any land or structures in a way that results or threatens
to result in any of the following conditions:
(1)
Transmission of communicable disease, including conditions
that may encourage the breeding of insects or rodents.
(2)
A physical hazard to the public or a physical hazard
that could be an attractive nuisance that would be accessible by children.
(3)
Pollution to groundwaters or surface waters, other
than as authorized by a state or federal permit.
(4)
Risks to public health and safety, such as but not
limited to explosion, fire or biological hazards.
(5)
Interference with the reasonable use and enjoyment
of property by a neighboring landowner of ordinary sensitivities.
B.
Additional information: If the Zoning Officer has
reason to believe that the proposed use may have difficulty complying
with the standards of this article, then the Zoning Officer may require
an applicant to provide written descriptions of proposed machinery,
hazardous substances, operations and safeguards.
The Zoning Officer may require an applicant
to prove that a suspect area proposed for alteration does or does
not meet the state or federal definition of a "wetland."
[Amended 2-9-2016 by Ord.
No. 2016-001, approved 2-9-2016; 3-8-2016 by Ord. No.
2016-007, approved 3-8-2016]
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Council of the Borough of Bridgeport does hereby amend Chapter 560, Article V, § 560-34 as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
General provisions.
(1)
Intent. The intent of this section 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 by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
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 the Borough of Bridgeport unless a
permit has been obtained from the Floodplain Administrator.
(b)
A permit shall not be required for minor repairs to existing
buildings or structures.
(3)
Abrogation and greater restrictions. This section supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this section, the more restrictive shall apply.
(4)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This section
does not imply that areas outside any identified floodplain areas
or that land uses permitted within such areas will be free from flooding
or flood damages.
(b)
This section shall not create liability on the part of the Borough
of Bridgeport or any officer or employee thereof for any flood damages
that result from reliance on this section or any administrative decision
lawfully made thereunder.
C.
Administration.
(1)
Designation of the Floodplain Administrator. The Zoning Officer within
the Borough of Bridgeport is hereby appointed to administer and enforce
this section and is referred to herein as the "Floodplain Administrator."
In the event that the Zoning Officer is temporarily incapacitated
or the position of Zoning Officer is vacant, then the Borough Manager
may serve as the alternate Floodplain Administrator.
(2)
Permits required. A permit shall be required before any construction
or development is undertaken within any area of the Borough of Bridgeport.
(3)
Duties and responsibilities of the Floodplain Administrator.
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this section and all other
applicable codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
(c)
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the history of repairs to the subject building so that any repetitive
loss issues can be addressed before the permit is issued.
(d)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(e)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this section.
(f)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to Borough Council for whatever action it considers
necessary.
(g)
The Floodplain Administrator shall maintain all records associated
with the requirements of this section, including, but not limited
to, permitting, inspection and enforcement.
(h)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
(4)
Application procedures and requirements.
(a)
Application for such a permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by the Borough of Bridgeport.
Such application shall contain the following:
[1]
Name and address of the applicant.
[2]
Name and address of the owner of the land on which the proposed
construction is to occur.
[3]
Name and address of the contractor.
[4]
Site location, including address.
[5]
Listing of other permits required.
[6]
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
[7]
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(b)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform to the requirements of this section and all
other applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage; and
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards.
[4]
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
[5]
Building materials are flood-resistant.
[6]
Appropriate practices that minimize flood damage have been used.
[7]
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
[1]
A completed permit application form.
[2]
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[a]
North arrow, scale, and date;
[b]
Topographic contour lines, if available;
[c]
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development;
[d]
The location of all existing streets, drives, and
other accessways; and
[e]
The location of any existing bodies of water or
watercourses, identified floodplain areas, and, if available, information
pertaining to the floodway, and the flow of water, including direction
and velocities.
[3]
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
[4]
The following data and documentation:
[a]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood elevation; and
[b]
Detailed information concerning any proposed floodproofing
measures and corresponding elevations.
[c]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a special floodplain area [See Subsection D(2)(b).], when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
[d]
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the base flood
elevation. Such statement shall include a description of the type
and extent of floodproofing measures which have been incorporated
into the design of the structure and/or the development.
[e]
[f]
The appropriate component of the Department of
Environmental Protection's Planning Module for Land Development.
[g]
Where any excavation or grading is proposed, a
plan meeting the requirements of the Department of Environmental Protection
to implement and maintain erosion and sedimentation control.
[5]
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
(5)
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the Floodplain Administrator to the County Conservation District for
review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Floodplain
Administrator for possible incorporation into the proposed plan.
(6)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment.
(7)
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
(8)
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit, the date of its issuance and be signed by the
Floodplain Administrator.
(9)
Start of construction. Work on the proposed construction and/or development
shall begin within 180 days after the date of issuance and shall be
completed within 12 months after the date of issuance of the permit
or the permit shall expire unless a time extension is granted, in
writing, by the Floodplain Administrator. Construction and/or development
shall be considered to have started with the preparation of land,
land clearing, grading, filling, excavation of basement, footings,
piers, or foundations, erection of temporary forms, the installation
of piling under proposed subsurface footings, or the installation
of sewer, gas and water pipes, or electrical or other service lines
from the street. Time extensions shall be granted only if a written
request is submitted by the applicant prior to the expiration of permit,
which sets forth sufficient and reasonable cause for the Floodplain
Administrator to approve such a request.
(10)
Enforcement.
(a)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
section, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
[1]
Be in writing.
[2]
Include a statement of the reasons for its issuance.
[3]
Allow a reasonable time, not to exceed a period of 30 days,
for the performance of any act it requires.
[4]
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state.
[5]
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this section.
(b)
Penalties. Any person who fails to comply with any or all of
the requirements or provisions of this section or who fails or refuses
to comply with any notice, order or direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a misdemeanor and, upon conviction, shall pay a fine to the Borough
of Bridgeport of not less than $25 nor more than $600, plus costs
of prosecution. In addition to the above penalties, all other actions
are hereby reserved, including an action in equity for the proper
enforcement of this section. The imposition of a fine or penalty for
any violation of or noncompliance with this section shall not excuse
the violation or noncompliance or permit it to continue, and all such
persons shall be required to correct or remedy such violations and
noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated, in noncompliance with this section may be declared
by the Borough of Bridgeport to be a public nuisance and abatable
as such.
(11)
Appeals.
(a)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
section, may appeal to the Borough Council. Such appeal must be filed,
in writing, within 30 days after the decision, determination or action
of the Floodplain Administrator.
(b)
Upon receipt of such appeal the Borough Council shall set a
time and place, within not less than 10 or not more than 30 days,
for the purpose of considering the appeal. Notice of the time and
place at which the appeal will be considered shall be given to all
parties.
(c)
Any person aggrieved by any decision of the Borough Council
may seek relief therefrom by appeal to court, as provided by the laws
of this state, including the Pennsylvania Flood Plain Management Act.
D.
Identification of floodplain areas.
(1)
Identification. The identified floodplain area shall be any areas
of the Borough of Bridgeport classified as special flood hazard areas
(SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood
Insurance Rate Maps (FIRMs) dated March 2, 2016, and issued by the
Federal Emergency Management Agency (FEMA) or the most recent revision
thereof, including all digital data developed as part of the Flood
Insurance Study. The above-referenced FIS and FIRMs, and any subsequent
revisions and amendments are hereby adopted by the Borough of Bridgeport
and declared to be a part of this section.
(2)
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(a)
Floodway area.
[1]
Description: The area identified as floodway in the FIS which
represents the channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation by more than one
foot at any point. This term shall also include floodway areas which
have been identified in other available studies or sources of information
for those special floodplain areas where no floodway has been identified
in the FIS.
(b)
Special floodplain area.
[1]
Description: the areas identified as Zones AE and A1-30 in the
FIS which are subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods and have base flood elevations
(BFEs) shown.
[2]
Special requirements.
[a]
No new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank of
any watercourse unless a permit is obtained from the Department of
Environmental Protection Regional Office.
[b]
In special floodplain areas without a designated
floodway, no new development shall be permitted unless it can be demonstrated
that the cumulative effect of all past and projected development will
not increase the BFE by more than one foot.
(c)
Approximate floodplain area.
[1]
Description: the areas identified as Zone A in the FIS which
are subject to inundation by the one-percent-annual-chance flood event
determined using approximate methodologies. Because detailed hydraulic
analyses have not been performed, no BFEs or flood depths are shown.
[2]
Special requirements.
[a]
No new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank of
any watercourse unless a permit is obtained from the Department of
Environmental Protection Regional Office.
[b]
When available, information from other federal,
state, and other acceptable sources shall be used to determine the
BFE, as well as a floodway area, if possible. When no other information
is available, the BFE shall be determined by using a point on the
boundary of the identified floodplain area which is nearest the construction
site in question. In lieu of the above, the municipality may require
at its discretion the applicant to determine the elevation with hydrologic
and hydraulic engineering techniques. Hydrologic and hydraulic analyses
shall be undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the Borough of Bridgeport.
(3)
Changes in identification of area. The identified floodplain area
may be revised or modified by the Borough Council where studies or
information provided by a qualified agency or person documents the
need for such revision. However, prior to any such change, approval
must be obtained from the Federal Emergency Management Agency. Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify the Federal
Emergency Management Agency of the changes by submitting technical
or scientific data.
(4)
Boundary disputes.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Floodplain Administrator,
and any party aggrieved by this decision or determination may appeal
to Borough Council. The burden of proof shall be on the appellant.
E.
Technical provisions.
(1)
General.
(a)
Alteration or relocation of watercourse.
[1]
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office.
[2]
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
[3]
In addition, the Federal Emergency Management Agency and the
Pennsylvania Department of Community and Economic Development shall
be notified prior to any alteration or relocation of any watercourse.
(b)
Submit technical or scientific data to the Federal Emergency
Management Agency for a Letter of Map Revision (LOMR) within six months
of the completion of any new construction, development, or other activity
resulting in changes in the BFE.
(c)
Any new construction, development, uses or activities allowed
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this section and any other
applicable codes, ordinances and regulations.
(2)
Elevation and floodproofing requirements.
(a)
Residential structures.
[1]
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation. The design and construction standards and specifications contained in the 2006 International Building Code (IBC) and in the 2006 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.
[2]
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(b)
Nonresidential structures.
[1]
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to or above the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
[2]
In AO Zones, any new construction or substantial improvement
shall have its lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified on the FIRM.
[3]
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations," published by the
United States Army Corps of Engineers (June 1972, as amended March
1992) or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
[2]
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[a]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(d)
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
[1]
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles or to the storage
of tools, material, and equipment related to the principal use or
activity.
[2]
Floor area shall not exceed 100 square feet.
[3]
The structure will have a low damage potential.
[4]
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
[5]
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
[6]
Permanently affixed utility equipment and appliances, such as
furnaces, heaters, washers, dryers, etc., are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
[a]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(3)
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(a)
Fill. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from
all points;
[2]
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
[4]
Be no steeper than one foot vertical to two feet horizontal
unless substantiated data justifying steeper slopes are submitted
to and approved by the Floodplain Administrator; and
[5]
Be used to the extent to which it does not adversely affect
adjacent properties.
(b)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(c)
Water and sanitary sewer facilities and systems.
[1]
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
[4]
The design and construction provisions of the Uniform Construction
Code and FEMA No. 348, Protecting Building Utilities From Flood Damages,
and the International Private Sewage Disposal Code shall be utilized.
(d)
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(e)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(f)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in Subsection E(4), Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(g)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(h)
Anchoring.
[1]
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
[2]
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(i)
Floors, walls and ceilings.
[1]
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without causing structural damage
to the building.
[2]
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
[3]
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
[4]
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(j)
Paints and adhesives.
[1]
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
[2]
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
[3]
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(l)
Equipment.
[1]
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(m)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(n)
Uniform Construction Code coordination. The standards and specifications contained 34 Pa. Code (Chapters 401 through 405), as amended, and not limited to the following provisions shall apply to the above and other subsections of this section to the extent that they are more restrictive and/or supplement the requirements of this section.
[1]
International Building Code (IBC) 2006 or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
[2]
International Residential Building Code (IRC) 2006 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
(4)
Development which may endanger human life.
(a)
In accordance with the Pennsylvania Flood Plain Management Act,
and the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances shall be subject
to the provisions of this section, in addition to all other applicable
provisions. The following list of materials and substances are considered
dangerous to human life:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides,
and rodenticides).
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
(b)
Within any floodway area, any structure of the kind described in Subsection E(4)(a), above, shall be prohibited.
(c)
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection E(4)(a), above, shall be: elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; designed to prevent pollution from the structure or activity during the course of a base flood elevation. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations (United States Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
(5)
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in flood hazard areas where base
flood elevation data are not available shall be supported by hydrologic
and hydraulic engineering analyses that determine base flood elevations
and floodway information. The analyses shall be prepared by a licensed
professional engineer in a format required by the Federal Emergency
Management Agency for a Conditional Letter of Map Revision or Letter
of Map Revision. Submittal requirements and processing fees shall
be the responsibility of the applicant.
(6)
Special requirements for manufactured homes.
(a)
Within any FW (floodway area), manufactured homes shall be prohibited.
(b)
Within approximate floodplain or special floodplain areas, manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any watercourse.
(c)
Where permitted within any floodplain area, all manufactured
homes, and any improvements thereto, shall be:
(d)
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2006 International Residential Building Code or the United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto shall apply and 34 Pa. Code Chapters 401 through 405.
(e)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC, or the most recent revisions thereto,
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the proposed installation of the unit(s).
F.
Activities requiring special permits.
(1)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any identified floodplain area unless a
special permit has been issued by the Borough of Bridgeport.
(2)
Application requirements for special permits. Applicants for special
permits shall provide five copies of the following items:
(a)
A written request, including a completed 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 North American Vertical Datum (NAVD)
of 1988, 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 or 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 concerning the base flood elevation 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; and
[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 base
flood elevation;
[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; and
[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 base flood elevation;
[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 base flood elevation, 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 base
flood elevation 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 base flood elevation elevation and the effects such materials
and debris may have on base flood elevations and flows;
[6]
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development;
[7]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control;
[8]
Any other applicable permits, such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
[9]
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
(3)
Application review procedures. Upon receipt of an application for a special permit by the Borough of Bridgeport, the following procedures shall apply in addition to those of Subsection B:
(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 of Bridgeport Planning
Commission and Borough of Bridgeport Engineer for review and comment.
(b)
If an application is received that is incomplete, the Borough
of Bridgeport shall notify the applicant in writing, stating in what
respect the application is deficient.
(c)
If the Borough of Bridgeport decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
(d)
If the Borough of Bridgeport approves an application, it shall
file written notification, together with the application and all pertinent
information, with the Department of Community and Economic Development,
by registered or certified mail, within five working days after the
date of approval.
(e)
Before issuing the special permit, the Borough of Bridgeport
shall allow the Department of Community and Economic Development 30
days after receipt of the notification by the Department to review
the application and decision made by the Borough of Bridgeport.
(f)
If the Borough of Bridgeport does not receive any communication
from the Department of Community and Economic Development during the
thirty-day review period, it may issue a special permit to the applicant.
(g)
If the Department of Community and Economic Development should
decide to disapprove an application, it shall notify the Borough of
Bridgeport and the applicant, in writing, of the reasons for the disapproval,
and the Borough of Bridgeport shall not issue the special permit.
(4)
Special technical requirements.
(a)
In addition to the requirements of Subsection D of this section, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Subsection D of this section or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(b)
No application for a special permit shall be approved unless
it can be determined that the structure or activity will be located,
constructed and maintained in a manner which will:
[1]
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
[a]
The structure will survive inundation by waters
of the base flood elevation without any lateral movement or damage
to either the structure itself, or to any of its equipment or contents
below the BFE.
[b]
The lowest floor (including basement) will be elevated
to at least 1 1/2 feet above base flood elevation.
[c]
The occupants of the structure can remain inside
for an indefinite period of time and be safely evacuated at any time
during the base flood elevation.
[2]
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(c)
All hydrologic and hydraulic analyses shall be undertaken only
by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Borough of Bridgeport and the Department of
Community and Economic Development.
G.
Existing structures in identified floodplain areas.
(1)
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection G(2) shall apply.
(2)
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(a)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the base flood elevation.
(b)
No expansion or enlargement of an existing structure shall be
allowed within any special floodplain area that would, together with
all other existing and anticipated development, increase the BFE more
than one foot at any point.
(c)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure to an extent or amount of 50%
or more of its market value shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this section.
(d)
The above activity shall also address the requirements of 34
Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
(e)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure to an extent or amount of less
than 50% of its market value shall be elevated and/or floodproofed
to the greatest extent possible.
(f)
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "repetitive loss" shall be
undertaken only in full compliance with the provisions of this section.
H.
Variances.
(1)
General. If compliance with any of the requirements of this section
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Borough of Bridgeport may, upon request,
grant relief from the strict application of the requirements.
(2)
Variance procedures and conditions. Requests for variances shall be considered by the Borough of Bridgeport in accordance with the procedures contained in Subsection C(11) and the following:
(a)
No variance shall be granted for any construction, development,
use, or activity within any floodway area that would cause any increase
in the BFE.
(b)
No variance shall be granted for any construction, development,
use, or activity within any special floodplain area that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
(c)
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Subsection F) or to development which may endanger human life [Subsection E(4)].
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
In granting any variance, the Borough of Bridgeport shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety, and welfare, and to
achieve the objectives of this section.
(g)
In reviewing any request for a variance, the Borough of Bridgeport
shall consider, at a minimum, the following:
[1]
That there is good and sufficient cause.
[2]
That failure to grant the variance would result in exceptional
hardship to the applicant.
[3]
That the granting of the variance will neither result in an
unacceptable or prohibited increase in flood heights, additional threats
to public safety, or extraordinary public expense, nor create nuisances,
cause fraud on, or victimize the public, or conflict with any other
applicable state or local ordinances and regulations.
(h)
A complete record of all variance requests and related actions
shall be maintained by the Borough of Bridgeport. In addition, a report
of all variance granted during the year shall be included in the annual
report to the Federal Emergency Management Agency.
(3)
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
I.
Definitions.
(1)
General. Unless specifically defined below, words and phrases used
in this section shall be interpreted so as to give this section its
most reasonable application.
(2)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(a)
(b)
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions. As used in this section, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year. The BFE is also shown
on the FIS profile and can be determined from Zone A Floodplains.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
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.
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).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazard and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse, and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this section.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after February 9, 2016, and includes any subsequent improvements
to such structures. Any construction started after the effective date
of the community's first floodplain management ordinance and before
the effective date of this floodplain management ordinance is subject
to the ordinance that was in effect at the time that the permit was
issued, provided that the start of construction was within 180 days
of permit issuance.
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.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) plus a freeboard safety factor
of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks when such development
is located in all or a designated portion of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines, for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
(or repetitive loss when a repetitive loss provision is used) regardless
of the actual repair work performed. The term does not, however include
either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
section must comply with all ordinance requirements that do not preclude
the structure's continued designation as an historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
[Amended 6-22-2010 by Ord. No. 2010-002, approved 6-22-2010]
A.
Title. This section shall be known as the "Borough of Bridgeport
Noise Ordinance."
C.
Purpose. The purpose of this section is to ensure that public health,
safety and welfare shall not be abridged by the making and creating
of noise pollution or of public nuisances from disturbing, excessive
or offensive noises in the Borough. The residents of the Borough recognize
that uncontrolled noise represents a danger to the health and welfare
of their neighbors and that each person in the community is entitled
to live in an environment in which the level of impulsive and amplified
noise is minimized for the community good. It is the purpose and scope
of this section to provide regulations defining the maximum sound
levels that vehicles, appliances and equipment shall be allowed to
produce at specified distances from these devices, and also to provide
for the prohibition of other kinds of offensive noises. These regulations
and prohibitions are intended to protect the physical, mental and
social well-being of the residents of the Borough of Bridgeport.
D.
Legislative findings. The Borough Council finds that failure of individuals,
businesses, industries, persons maintaining animals, social gatherings
and other activities to regulate the noise emanating from their premises
constitutes a violation of the peace and enjoyment of the residents
of the Borough and are a public nuisance. Specifically, such noise
emanating from home occupations, businesses, industries, sound amplification
equipment, radios, electronic sound recording equipment, vehicles,
persons maintaining animals, social gatherings and other activities:
(1)
Create a nuisance in that residents are deprived of the enjoyment
of their homes, disturbed by their sleep and otherwise prevented from
the quiet enjoyment of their residential premises;
(2)
Affect the property values of residences in the Borough;
(3)
Affect the public welfare by reflecting negatively on the quality
of life in residential areas of the Borough;
(4)
Disturb the peace and good order of the Borough; and
(5)
Create noise pollution.
E.
Definitions.
(1)
The following words and phrases, when used in this section, shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this subsection,
(2)
ANSI
BOROUGH
DECIBEL (dB)
EXCESSIVE NOISE
(a)
(b)
NIGHTTIME
NOISE
NOISE LEVEL
NOISE POLLUTION
PERIOD OF OBSERVATION
PERSON
SOUND LEVEL
SOUND LEVEL METER
VEHICLE
All acoustical terminology shall be interpreted in accordance with
that contained in ANSI S1.1, "Acoustical Terminology." All other words
and terms not defined herein shall be used with a meaning of standard
usage.
American National Standards Institute or its successors.
Borough of Bridgeport, Montgomery County, Pennsylvania.
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of sound pressure of the source to
the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its base 10 logarithm
by 20.
Excessive noise is that sound which is:
Injurious or which unreasonably interferes with the comfortable
enjoyment of life and property. Measured noise levels in excess of
limits established in these regulations or those specified in valid
permits are declared to be excessive noise; or
Annoying to a person of ordinary sensibilities.
8:00 p.m. to 7:00 a.m., prevailing time; conversely, daytime
is 7:00 a.m. to 8:00 p.m., prevailing time.
Any sound emitted by a person, animal, appliance, equipment,
vehicle, instrument or other device.
Airborne sound levels expressed in dB and obtained by the
use of specific frequency-dependent weighting networks, as specified
in the referenced standards and indicated by proper notation; if "A"
weighting is employed, the sound level is identified as dB(A).
Noise of such loudness and character from a single source,
or from multiple sources, which is or may be predicted with reasonable
certainty to be injurious to health or which unreasonably interferes
with the enjoyment of property or with any lawful business or activity.
Noise/sound pressure levels exceeding those permitted in any district
shall constitute noise pollution.
The time interval during which acoustical data are obtained.
The period of observation is determined by the characteristics of
the noise being measured and the instrumentation being used. The period
of observation must be at least as long as the response time of the
instrumentation. The greater the variance in individual sound level,
the longer must be the observation time for a given expected accuracy
of measurement.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
Noise level.
An instrument or combination of instruments which meets or
exceeds the requirements for an ANSI Type SIA or Type S2A sound level
meter.
Any device, or combination of devices, used for or capable
of being used for transporting persons or property. Vehicles include,
but are not limited to, the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers, and life devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semitrailers.
F.
Noise limit. No person shall create, or allow the creation of, any
noise or operate, or cause to be operated, any source of sound on
property owned, leased, occupied or otherwise controlled by such person,
which causes the sound level, when measured at or beyond the boundaries
of the lot, parcel, tract or property on which activities take place,
to exceed the noise levels specified below:
G.
Exemptions. Noise emitted from the following sources shall be exempt
from the noise standards specified herein:
(1)
All safety signals and warning devices (e.g., intrusion alarms, backup
alarms on trucks); authorized vehicles when responding to emergencies
(e.g., police, fire, ambulance sirens or any other device used to
alert persons to an emergency or used during the conduct of emergency
work).
(2)
The provision, repair and maintenance of municipal services or public
utilities.
(3)
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays.
(4)
Appliances, lawn and garden equipment, chain saws, snow removal equipment
and power tools in use between the hours of 7:00 a.m. (prevailing
time) and 8:00 p.m. (prevailing time), provided such are operated
within the manufacturer's specifications and with all standard noise-reducing
equipment in use, unmodified and in proper operating condition.
(5)
Heavy construction equipment when being used on a specific short-term
project (such as constructing a building; constructing, repairing
or cleaning a road; drilling a well; and other similar short-term,
specific construction, demolition or repair projects) in use between
the hours of 7:00 a.m. and 8:00 p.m., prevailing time, for the duration
of such short-term, specific project, provided such heavy construction
equipment is operated within the manufacturer's, specifications and
with all standard noise-reducing equipment in use, unmodified and
in proper operating condition.
(6)
Air conditioners, fans, heating units and similar comfort devices,
provided such are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified
and in proper operating condition.
(7)
Airplanes, helicopters and normal activities of properly licensed
airports, and trains operating on railroads.
(8)
Musical, recreational and athletic events conducted by, or permitted
by, schools, local government, community or community associations
or village festivals, or events sponsored by nonprofit organizations.
(9)
Existing weapons firing ranges during daytime as defined herein.
(10)
All motor vehicles being operated on the public road in the
Borough of Bridgeport, provided such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper working condition.
(11)
Activities permitted by special waiver, as provided herein,
according to the terms and conditions of said waiver.
(12)
All farm-related operations and activities.
(13)
Any existing legitimate or licensed business, commercial or
industrial operation between the hours of 7:00 a.m. and 9:00 p.m.,
prevailing time; provided any appliances, equipment, machinery or
devices used in such operation are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
H.
Special waiver. A temporary waiver from strict compliance with the
noise standards specified herein may be granted to persons during
emergency circumstances, as determined by the Borough Council, to
permit reasonable time to effect repairs.
I.
Policy. It is the policy of the Borough Council in adopting this
section not to force any industrial or commercial enterprises out
of business, but rather to work with any industrial or commercial
enterprise to find ways to reduce noise levels to the level permitted
by this section.
J.
Enforcement officers. This section may be enforced by any police
officer of the Borough of Bridgeport Police Department.
K.
Enforcement; violation and penalties.
(1)
Any full- or part-time Borough of Bridgeport police officer may issue
a summary citation which shall specify the nature, date and time of
the violation.
(2)
Any person who violates or permits the violation of any provision
of this section shall, upon conviction thereof in a summary proceeding
brought before a District Justice, be guilty of a summary offense
and shall be subject to the payment of a fine of not less than $100
and not more than $1,000, plus the costs of prosecution. Upon default
of payment thereof, the defendant may be sentenced to imprisonment
for a period of not more than 30 days. Each section or provision of
this section that is violated shall constitute a separate offense,
and each day or portion thereof in which a violation of this section
is found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice of not less than $100 and not more than $1,000, plus the costs
of prosecution, and, upon default of payment thereof, the defendant
may be sentenced to imprisonment for a term of not more than 30 days.
(3)
In addition to the above, the Borough may institute an action for
injunctive relief to prohibit or abate any activity in violation of
the provisions of this section.
L.
Relationship with other restrictions. The provisions of this section
are not intended to interfere with, abrogate or annul other rules,
regulations or ordinances, including Title 18 (Crimes Code)[2] and Title 75 (Vehicle Code),[3] Pennsylvania Consolidated Statutes. If more stringent
requirements concerning noise abatement are contained in other statutes,
rules, regulations or ordinances, the more stringent regulation shall
apply.
No use shall generate odors or dust that are
offensive to persons of average sensitivities beyond the boundaries
of the subject lot.
This § 560-37 shall only regulate exterior lighting that spills across lot lines or onto public streets.
A.
Streetlighting exempted: This § 560-37 shall not apply to streetlighting that is owned, financed or maintained by the Borough or the state, nor to an individual porch light of a dwelling.
B.
Height of lights: No luminaire, spotlight or other
light source that is within 200 feet of a lot line of an existing
dwelling or approved residential lot shall be placed at a height exceeding
35 feet above the average surrounding ground level. This limitation
shall not apply to lights needed for air safety nor lights intended
solely to illuminate an architectural feature of a building, nor lighting
of outdoor public recreation facilities.
C.
Diffused: All light sources, including signs, shall
be properly diffused as needed with a translucent or similar cover
to prevent exposed bulbs from being directly visible from streets,
public sidewalks, dwellings or adjacent lots.
D.
Shielding: All light sources, including signs, shall
be shielded around the light source and carefully directed and placed
to prevent the lighting from creating a nuisance to reasonable persons
in adjacent dwellings, and to prevent the lighting from shining into
the eyes of passing motorists.
E.
Flickering: Flashing, flickering or strobe lighting
are prohibited, except for nonadvertising seasonal lights between
October 25th and January 10th.
F.
Spillover: Exterior lighting on an institutional,
commercial or industrial property shall not cause a spillover of light
onto a residential lot that exceeds one horizontal footcandle at a
distance 20 feet inside the residential lot line.
See OS District regulations in § 560-25A.
