A.
Intent. The intent of this Article is to:
(1)
Promote the general health, welfare and safety of
the community.
(2)
Encourage the utilization of appropriate construction
practices in order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water
supply and natural drainage.
(4)
Reduce financial burdens imposed on the community,
its governmental units and its residents by preventing excessive development
in areas subject to flooding.
(5)
Comply with federal and state floodplain management
requirements.
B.
Abrogation and greater restrictions. This Article
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 Article, the more restrictive shall apply.
C.
Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this Article shall be declared invalid
for any reason whatsoever, such decision shall not affect the remaining
portions of this Article, which shall remain in full force and effect,
and for this purpose, the provisions of this Article are hereby declared
to be severable.
D.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions
of this Article is considered reasonable for regulatory purposes and
is based on acceptable engineering methods of study. Larger floods
may occur. Flood heights may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by debris.
(2)
This Article 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.
(3)
This Article shall not create liability on the part
of the Borough or any officer or employee thereof for any flood damages
that result from reliance on this Article or any administrative decision
lawfully made thereunder.
A.
Issuance of building permit.
(1)
Building permits shall be required before any construction
or development is undertaken within any area of the Borough. Prior
to the issuance of any building permit for construction in the floodplain,
the Borough Engineer 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);[1] the Dam Safety and Encroachments Act (Act 1978-325, as
amended);[2] the United States Clean Water Act, Section 404, 33 U.S.C.
§ 1334; and the Pennsylvania Clean Streams Act (Act 1937-394,
as amended).[3] No permit shall be issued until this determination has
been made.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(2)
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, Bureau of Dams and
Waterway Management.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(3)
Applications for permits shall be accompanied by a
fee in accordance with the fee schedule for same established by the
Borough of Prospect Park Borough Council.
[Added 2-12-2002 by Ord. No. 1232, approved 2-12-2002]
B.
Application procedures and requirements.
(1)
If any proposed construction or development is located
entirely or partially within any identified floodplain areas, applicants
for building permits shall provide all the necessary information in
sufficient detail and clarity to enable the Borough Engineer to determine
that:
(a)
All such proposals are consistent with the need
to minimize flood damage and conform with the requirements of this
and all other applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer,
gas, electrical and water systems are located and constructed to minimize
or eliminate flood damage; and
(c)
Adequate drainage is provided so as to reduce
exposure to flood hazards.
(2)
Applicants shall file the following minimum information,
plus any other pertinent information as may be required by the Building
Permit Officer to make the above determination:
(a)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Building
Permit Officer to make the above determination:
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
[1]
A completed building permit application form.
[2]
A plan of the entire site, clearly and legibly drawn to 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]
All property and lot lines including dimensions,
and the size of the site expressed in acres or square feet.
[d]
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and land development.
(b)
The following data and documentation:
[1]
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 one-hundred-year
flood elevations, pressures, velocities, impact and uplift forces
associated with the one-hundred-year flood. Such statement shall include
a description of the type and extent of floodproofing measures which
have been incorporated into the design of the structure and/or the
development.
[2]
Detailed information needed to determine compliance with § 70-39D(6), Storage, and § 70-39E, Development which may endanger human life, including:
[a]
The amount, location and purpose
of any materials or substances referred to in §§ 70-3D(6)
and 70-39E which are intended to be used, produced, stored or otherwise
maintained on site.
[3]
The appropriate component of the Department
of Environmental Protection's Planning Module for Land Development.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
[4]
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.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
C.
Review by County Conservation District.
(1)
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 Building Permit
Officer to the County Conservation District for review and comment
prior to the issuance of a building permit. The recommendations of
the Conservation District shall be considered by the Building Permit
Officer for possible incorporation into the proposed plan.
(2)
A copy of all plans and applications for any proposed
construction development in any identified floodplain areas to be
considered for approval may be submitted by the Building Permit Officer
to any other appropriate agencies and/or individuals (e.g. Planning
Commission, Municipal Engineer, etc.) for review and comment.
A.
Designation of floodplain areas.
(1)
The identified floodplain area shall be any areas of Prospect Park
Borough subject to the one-hundred-year flood, which is identified
as Zone A (Area of Special Flood Hazard) in the Flood Insurance Study
(FIS) dated November 18, 2009, and the accompanying maps or the most
recent revision thereof as issued by the Federal Emergency Management
Agency, including all digital data developed as part of the Flood
Insurance Study.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(2)
A map showing all areas considered to be subject to
the one-hundred-year flood is available for inspection at the Borough
offices. For the purposes of this Article, the following nomenclature
is used in referring to the various kinds of floodplain areas:
(a)
FW (Floodway Area). The areas identified as
floodway in the Flood Insurance Study prepared by the FEMA.
(b)
FF (Flood-Fringe Area). The areas identified
as floodway fringe in the Flood Insurance Study prepared by the FEMA.
(c)
FA (General Floodplain Area). The areas identified as Zone A
in the FIS for which no one-hundred-year flood elevations have been
provided. When available, information from other federal, state, and
other acceptable sources shall be used to determine with one-hundred-year
elevation, as well as a floodway area, if possible. When no other
information is available, the one-hundred-year elevation shall be
determined by using a point on the boundary of the identified floodplain
area which is nearest the construction site in question.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(d)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a through technical
review by the Borough.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(3)
NOTE: The following Subsections A(3)(a) and (b) are for use where a floodway has been delineated and separate floodway and flood-fringe areas will be established. Most municipalities moving into the regular program phase of the National Flood Insurance Program will make use of these first two subsections.
(a)
The FW (Floodway Area) is delineated for purposes
of this Article using the criteria that a certain area within the
floodplain must be capable of carrying the waters of the one-hundred-year
flood without increasing the water surface elevation of that flood
more than one foot at any point. The areas included in this area are
specifically defined in the F1 Data table contained in the above-referenced
Flood Insurance Study and shown on the accompanying Flood Boundary
and Floodway Map.[1]
[1]
Editor's Note: The Flood Boundary and Floodway
Map is on file in the Borough Secretary's office.
(b)
The FF (Flood-Fringe Area) shall be that area
of the one-hundred-year floodplain not included in the floodway. The
basis for the outermost boundary of this district shall be the one-hundred-year
flood elevations contained in the flood profiles of the above-referenced
Flood Insurance Study and as shown on the accompanying Flood Boundary
and Floodway Map.
(c)
FA (General Floodplain Area). The areas identified as Zone A
in the FIS for which no one-hundred-year flood elevations have been
provided. When available, information from other federal, state, and
other acceptable sources shall be used to determine with one-hundred-year
elevation, as well as a floodway area, if possible. When no other
information is available, the one-hundred-year elevation shall be
determined by using a point on the boundary of the identified floodplain
area which is nearest the construction site in question.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(d)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a through technical
review by the Borough.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
B.
Changes in floodplain area delineations.
(1)
The areas considered to be floodplain may be revised
or modified by the Borough where studies or information provided by
a qualified agency or person documents the need or possibility for
such revision.
(2)
No modification or revision of any floodplain area
identified in the Flood Insurance Study shall be made without prior
approval from the Federal Emergency Management Agency.
C.
Disputes. Should a dispute arise concerning the identification
of any floodplain area, an initial determination shall be made by
the Planning Commission and any party aggrieved by such decision may
appeal to the Council. The burden of proof shall be on the appellant.
A.
General.
(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, Bureau of Dams and
Waterway Management.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(2)
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.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(3)
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 article
and any other applicable codes, ordinances and regulations.
B.
Special floodway and stream setback requirements.
(1)
Within any FW (Floodway Area) the following provisions
apply:
(a)
Any construction, development, use, activity
or encroachment that would cause any increase in flood heights shall
be prohibited.
(b)
No new construction or development shall be
allowed unless a permit is obtained from the Department of Environmental
Protection, Bureau of Dams and Waterway Management.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(2)
Within any FA (General Floodplain Area), the following
provisions apply:
(a)
No new construction or development shall be
located within the area measured 50 feet landward from the top-of-bank
of any watercourse.
(b)
Any new construction, development, use, activity
or encroachment which would cause any increase in flood heights shall
be prohibited within a floodway area delineated by an applicant.
C.
Elevation and floodproofing requirements.
(1)
Residential structures. Within any FW or FF, the lowest
floor (including basement) of any new or substantially improved residential
structure shall be at least 1 1/2 feet above the one-hundred-year
flood elevation.
(2)
Nonresidential structures.
(a)
Within any FW or FF, the lowest floor (including
basement) of any new or substantially improved nonresidential structure
shall be at least 1 1/2 feet above the one-hundred-year flood
elevation or be designed and constructed so that the space enclosed
by such structure shall remain either completely or essentially dry
during any flood up to that height.
(b)
Any structure or part thereof which will not
be completely or adequately elevated shall be designed and constructed
to be completely or essentially dry in accordance with the standards
contained in the publication entitled "Flood-Proofing Regulation"
(United States Army Corps of Engineers, June 1972), or some other
equivalent standard for that type of construction.
D.
Design and construction standards. The following standards
shall apply for all construction and development proposed within any
identified floodplain areas:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the
building line from all points.
(b)
Consist of soil or small rock materials only.
Sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability
and resistance to erosion, scouring or settling.
(d)
Be no steeper than one vertical to two horizontal,
unless substantiated data justifying steeper slopes are submitted
to and approved by the Building Permit Officer and the Borough Council.
(e)
Be used to the extent to which it does not adversely
affect adjacent properties.
(2)
Drainage. 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.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer
facilities and systems shall be located, designed and constructed
to minimize or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall
be designed to prevent the discharge of untreated sewage into floodwaters.
(c)
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)
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.
(5)
Streets. The finished elevation of all new streets
shall be no more than one foot below the regulatory flood elevation.
(6)
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 § 70-39E, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
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.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly
anchored in accordance with accepted engineering practices to prevent
flotation, collapse or lateral movement.
(b)
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.
(9)
Floors, walls and ceilings.
(a)
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 rain without causing
structural damage to the building.
(b)
Plywood used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
(c)
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.
(d)
Windows, doors and other components at or below
the regulatory flood elevation shall be made of metal or other water-resistant
material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the
regulatory flood elevation shall be of a marine or water-resistant
quality.
(b)
Adhesives used at or below the regulatory flood
elevation shall be of a marine or water-resistant quality.
(c)
All wooden components (doors, trim, cabinets,
etc.) used at or below the regulatory flood elevation shall be finished
with a marine or water-resistant paint or other finishing material.
(12)
Equipment. Water heaters, furnaces, air-conditioning
and ventilating units and other electrical, mechanical or utility
equipment or apparatus shall not be located below the regulatory flood
elevation.
(13)
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.
E.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management
Act[1] and 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 the human life:
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium, carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides
and rodenticides).
(r)
Radioactive substances, insofar as such substances
are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
(2)
Within any FW (Floodway Area), any structure of the kind described in Subsection A above shall be prohibited.
(3)
Structure requirements.
(a)
Where permitted within any FF (Flood-Fringe Area) or FA (General Floodplain Area), any structure of the kind described in Subsection A above shall be:
(b)
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 (U.S. Army
Corps of Engineers, June 1972) or with some other equivalent watertight
standard.
F.
Special requirements for mobile homes.
(1)
Within any FW (Floodway Area), mobile homes shall
be prohibited.
(2)
Where permitted within any FF (Flood-Fringe Area),
all mobile homes and any additions thereto shall be anchored to resist
flotation, collapse or lateral movement by providing over-the-top
and frame ties to ground anchors in accordance with the American National
Standards, as specified in the Standard for the Installation of Mobile
Homes Including Mobile Home Park Requirements [NPA No. 501A-1974 (ANSI
A119.3-1975)], as amended, for mobile homes in hurricane zones or
other appropriate standards such as the following:
(a)
Over-the-top ties shall be provided at each
of the four corners of the mobile home, with two additional ties per
side at intermediate locations for units 50 feet or more in length
and one additional tie per side for units less than 50 feet in length.
(b)
Frame ties shall be provided at each corner
of the mobile home, with five additional ties per side at intermediate
locations for units 50 feet or more in length and four additional
ties per side for units less than 50 feet in length.
(c)
All components of the anchoring system shall
be capable of carrying a force of 4,800 pounds.
G.
An evacuation plan indicating alternative vehicular
access and escape routes shall be filed with the Borough officials
for mobile home parks.
H.
Space below the lowest floor.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(1)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(2)
Partially enclosed space below the lowest floor (including basement),
which will be used solely for 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 flood
waters for the purpose of equalizing hydrostatic forces on exterior
walls. The term "partially enclosed space" also includes crawl spaces.
(3)
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.
(4)
Consideration may be given to the requirements of 34 Pa. Code (Chapters
401 through 405, as amended) and the 2003 IRC (§§ R323.2.2
and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5, 1202.3.2
and 1203.3.3.).
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
In accordance with the administrative regulations
promulgated by the Department of Community and Economic Development
to implement the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any
identified floodplain area unless a special permit has been issued
by the Borough:
B.
The commencement of or any construction of a new mobile
home park or mobile home subdivision or substantial improvement to
an existing mobile home park or mobile home subdivision.
C.
Application and special technical requirements.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(1)
Application requirements for special permits. 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 North American 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 or square feet.
[4]
The location of all existing streets, drives, other access ways,
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 manmade
features affecting, or affected by, the proposed activity or development.
[6]
The location of the floodplain boundary line, information and
spot elevations concerning the one-hundred-year flood 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 flood 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 a 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 to 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.
[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.
(2)
Application review procedures. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply, in addition to those of Article II:
(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 be forwarded to the Borough Planning Commission
and Borough Engineer for review and comment.
(b)
If an application is received that is incomplete, the Borough
shall notify the applicant in writing of the reasons for the disapproval.
(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 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 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.
(f)
If the Borough 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 and
the applicant, in writing, of the reasons for the disapproval, and
the Borough shall not issue the special permit.
(3)
Special technical requirements.
(a)
In addition to the requirements of Article IV of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between and of the following requirements and those in Article IV of this chapter or in any other code, ordinance, or regulations, 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, and located 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 (including basement) elevation
will be at least 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 any time
during the one-hundred-year flood.
[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 and the Department of Community and
Economic Development.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
Structures existing in any identified floodplain
area prior to the enactment of this Article may continue, subject
to the following provisions:
A.
No expansion or enlargement of an existing structure
shall be allowed within any identified floodway that would cause any
increase in flood heights.
B.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure to an extent or amount of 50%
gross area of structure constitute a substantial improvement and shall
be undertaken only in full compliance with the provisions of this
Article.
C.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure to an extent or amount of less
than 50% of gross area of the structure shall be elevated and/or floodproofed
to the greatest extent possible.
A.
General. If compliance with any of the requirements
of this Article would result in an exceptional hardship for a prospective
builder, developer or landowner, the Borough may, upon request, grant
relief from the strict application of the requirements.
B.
Variance procedures and requirements.
(1)
No variance shall be granted for any construction
development, use or activity within any floodway area that would cause
any increase in the one-hundred-year flood elevation.
(3)
If granted, a variance shall involve only the least
modification necessary to provide relief.
(4)
In granting any variance, the Borough 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 Article.
(6)
In reviewing any request for a variance, the Borough
shall consider, but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result
in exceptional hardship to the applicant.
(c)
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 statute or regulations or local ordinance
or regulation.
(7)
A complete record of all variance requests and related
actions shall be maintained by the Borough. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Emergency Management Agency.
C.
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capability of
resisting the one-hundred-year flood.
A.
General. Unless specifically defined below, words
and phrases used in this Article shall be interpreted so as to give
this Article its most reasonable application.
B.
ACCESSORY USE OR STRUCTURE
BASEMENT
BUILDING
COMPLETELY DRY SPACE
CONSTRUCTION
DEVELOPMENT
ESSENTIALLY DRY SPACE
FLOOD
FLOODPLAIN
FLOODPROOFING
FLOODWAY
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LAND DEVELOPMENT
(1)
(2)
LOWEST FLOOR
MINOR REPAIR
MOBILE HOME
MOBILE HOME PARK
NEW CONSTRUCTION
OBSTRUCTION
ONE-HUNDRED YEAR FLOOD
PERSON
REGULATORY FLOOD ELEVATION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
Specific definitions.
A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
Any area of the building having its floor below ground level
on all sides.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
A combination of materials to form a permanent structure
having walls and a roof; included shall be all mobile homes and trailers
to be used for human habitation.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
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 temporary inundation of normally dry land areas.
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 designed area of a floodplain required to carry and discharge
flood waters of a given magnitude. For the purposes of this chapter,
the floodway shall be capable of accommodating a flood of the one-hundred-year
magnitude.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
Any structure that is:
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
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 preliminary 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 with historic preservation programs 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 programs that have been
certified either:
A floodplain area specifically identified in this Article
as being inundated by the one-hundred-year flood; included would be
areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain
(FA).
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving a group
of two or more buildings or the division or allocation of land or
space between or among two or more existing or prospective occupants
by means of or for the purpose of streets, common areas, leasehold,
condominiums, building groups or other features.
A subdivision of land.
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 chapter.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
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 or replacement or relocation
of any standpipe, water supply, sewer drainage, drain leader, gas,
soil waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis, which arrives at a site complete and
ready for occupancy except for minor and incidental unpacking and
assembly operations and constructed so that it may be used with or
without a permanent foundation. The term does not include recreational
vehicles or travel trailers.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
use.
Structures for which the start of construction commenced
on or after March 18, 1980, and includes any subsequent improvements
thereto.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
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
may impede, retard or change the direction of the flow of water either
in itself or by catching or collecting debris carried by such water
or which is placed where the flow of the water might carry the same
downstream to the damage of life and property.
A flood that, on the average, is likely to occur once every
one-hundred-years (i.e., that has a one-percent chance of occurring
each year, although the flood may occur in any year).
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, government unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
The one-hundred-year flood elevation, plus a freeboard safety
factor of 1 1/2 feet.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, shed, mobile
homes and other similar items.
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, 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 street or easement of access, shall be expected.
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.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
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:
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
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 a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
