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Borough of Shippensburg, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg 3-3-2009 by Ord. No. 837, approved 3-3-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 78.
Uniform construction codes — See Ch. 80.
Sewers — See Ch. 127.
Subdivision and land development — See Ch. 137.
Floodplain District — See Ch. 150, Art. IX.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
A. 
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Floodplain 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, Council of the Borough of Shippensburg does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Applicability. The floodplain management provisions of this chapter shall be applicable to all regulated activities proposed on lands within the Borough of Shippensburg, which are identified as floodplain. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any regulated activity within such floodplains without prior approval by the Borough.
C. 
Designation of Floodplain Administrator. The Zoning Officer within the Borough of Shippensburg is hereby appointed to administer and enforce this chapter and is referred to herein as the "Floodplain Administrator."
D. 
Duties and responsibilities of Floodplain Administrator.
(1) 
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(2) 
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by 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 U.S. Clean Water Act, Section 404, 33, U.S.C. § 1344. No permit shall be issued until this determination has been made. 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.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]
Editor's Note: See 32 P.S. § 693.1 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
(3) 
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 chapter.
(4) 
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Borough Council for whatever action it considers necessary.
(5) 
The Floodplain Administrator shall maintain all records associated with the requirements of this chapter, including, but not limited to, permitting, inspection and enforcement.
(6) 
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC[5] or latest revisions thereof.
[5]
Editor's Note: The 2009 International Building Code and the 2009 International Residential Code.
A. 
A land use permit shall be required for any regulated activity proposed within a floodplain area. Land use permits shall be approved and issued by the Borough Council or its official designee.
B. 
Land use permits shall be issued only after it has been determined that the proposed work has been planned and designed in conformance with the requirements of this and all other applicable regulations, codes and ordinances.
C. 
Land use permits shall be issued only after the applicant demonstrates that all other applicable county, state and federal requirements have been met.
D. 
If an activity requiring a land use permit would result in modifications to the boundary or elevation of the floodplain in an adjoining municipality, then the approval of the affected municipality shall be required prior to issuance of a land use permit by the Borough.
A. 
The applicant shall notify the Pennsylvania Department of Community and Economic Development of any modifications to the floodplain boundary or floodplain elevation. Confirmation of such notification shall be provided to the Borough in the form of a certified mail return receipt.
B. 
The applicant shall notify the Borough if a request is made for either a letter of map revision (LOMR) or conditional letter of map revision (CLOMR) from the Federal Emergency Management Agency. The final determination and letter issued by FEMA shall be provided to the Borough along with the supporting documentation, calculations, analysis, etc. submitted to FEMA for the LOMB or CLOMR request
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
A. 
Application for land use permits within an identified floodplain shall be made, in writing, to the Floodplain Administrator on forms supplied by the Borough. Such application shall contain the following:
(1) 
Name and address of applicant.
(2) 
Name and address of the owner of land on which 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 with the requirements of this and all other applicable codes and ordinances;
(2) 
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(4) 
Structures will be anchored to prevent floatation, 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 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:
(a) 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
(b) 
The elevation of the base flood; and
(c) 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC.
(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; 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 any identified floodplain areas, when combined with all other existing and anticipated development, will not increase the base flood elevation as defined in § 95-25.
(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. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure or the development.
(e) 
Detailed information needed to determine compliance with § 95-16F, Storage, and § 95-17, Development which may endanger human life, including;
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 95-16F and 95-17 which are intended to be used, produced, stored or otherwise maintained on site.
[2] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 95-17 during a base flood.
(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.
D. 
Applications for permits shall be accompanied by a fee, payable to the Borough, in accordance with the fees established by resolution by Borough Council from time to time.
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 applicant to the County Conservation District for review and comment prior to the issuance of a land use permit. The Borough shall consider any comments of the Conservation District prior to approving a land use permit.
A copy of all land use permit applications may be submitted by the Borough to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment. The comments generated by such reviews shall be considered by the Borough prior to approval of applications.
After the issuance of a land use permit by the Borough, 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 Borough. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Borough for consideration.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
A. 
Work on the proposed construction 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. “Actual start of construction” 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.
B. 
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.
A. 
The Borough or its designated official(s) shall have the authority to enter the premises or development in the identified floodplain area, upon presentation of proper credentials at reasonable hours to enforce the provisions of this chapter.
B. 
In the event that the Borough 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 the applicant, the Borough shall revoke the land use permit until such time that appropriate remedial action is taken to bring the project into compliance with the applicable regulations and terms of the approved land use permit application.
C. 
A record of all such inspections and violations of this chapter shall be maintained by the Borough.
D. 
The requirements of Title 34 of the Pennsylvania Code, IBC, latest edition and IRC, latest edition pertaining to elevation certificates and record retention shall be considered.
An application fee schedule shall be available at the Borough office at all times. In addition to the application fee, the applicant shall be responsible to reimburse the Borough for any consulting fees that may be incurred as part of any technical review of the application required to determine compliance with this chapter.
A. 
Notices. Whenever the Borough or authorized representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, or of any regulations adopted pursuant thereto, the Borough 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 chapter.
B. 
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order of direction of the Borough or authorized representative shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of not less than $25 nor more than $600 plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 10 days. Each day during which any violation of this chapter continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter 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 noncompliances within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this chapter may be declared by the Borough Council to be a public nuisance and abatable as such.
A. 
Any person aggrieved by any action or decision of the Borough concerning the administration of the provisions of this chapter may appeal to the Borough Council. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Building Permit Officer.
B. 
Upon receipt of such appeal, the Borough Council shall set a time and place, within not less than 10 nor 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 Commonwealth including the Pennsylvania Floodplain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
In an identified floodplain area, regulated activities shall be permitted only if they are undertaken in strict compliance with the standards contained in this chapter and any other applicable codes, ordinances and regulations.
The following standards shall apply to activities regulated by this chapter, where applicable, to the extent that they are more restrictive and/or supplement the requirements of this chapter.
A. 
The Uniform Construction Code (UCC), latest edition.
B. 
The International Building Code (IBC), latest edition.
C. 
The International Residential Code (IRC), latest edition.
D. 
The International Fuel Gas Code (IFGC), latest edition.
E. 
American Society of Civil Engineers 24 (ASCE24), latest edition.
F. 
The Pennsylvania Code Title 34 (34 PA Code), Chapters 401 through 405, latest amendment.
G. 
United States Department of Housing and Urban Development, Permanent Foundations for Manufactured Housing Manual, latest edition.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
A. 
Residential structures.
(1) 
In AE, A1-30 Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(2) 
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 95-25 of this chapter.
(3) 
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
(4) 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code Chapters 401 to 405, as amended, shall be utilized.
B. 
Nonresidential structures.
(1) 
In AE, A1-30 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 elevations or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(a) 
Is floodproofed so that the structure is watertight, with walls substantially impermeable to the passage of water; and
(b) 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(2) 
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation as defined in accordance with § 95-25 of this chapter.
(3) 
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.
(4) 
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 U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
(5) 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code Chapter 401 to 405, as amended, shall be utilized.
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.
The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A. 
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 provide adequate resistance to settling.
(4) 
Be reinforced and/or protected to provide adequate resistance to erosion and scouring.
(5) 
Be no steeper than two feet horizontal run to one foot vertical rise, unless substantiated data justifying steeper slopes are submitted to and approved by the Borough.
(6) 
The provisions contained in the IBC latest edition shall be utilized.
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. Potential damage to persons or property shall be minimized or avoided.
C. 
Water and sanitary sewer facilities and systems.
(1) 
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.
(2) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters. Sanitary sewage collection systems shall be watertight.
(3) 
No part of any on-site sewage disposal 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.
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 elevated not less than one foot above the one-hundred-year 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 § 95-17 of this chapter, Development which may endanger human life, shall be stored at or above the regulatory flood elevation.
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.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. 
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.
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.
A. 
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. 
In accordance with the Pennsylvania Floodplain Management Act[1] and the regulations adopted by the Pennsylvania Department of Community and Economic Development as required by the Act, any new or substantially improved structure shall be subject to the provisions of this section and all other applicable codes, ordinances and regulations if the structure will be used for any activity requiring the production, or storage, or maintenance of a supply of:
(1) 
More than 100 pounds, 12 gallons, or other comparable amount of a material listed in § 95-17A of this chapter, or other dangerous material.
(2) 
Any amount of radioactive material.
(3) 
More than 550 gallons of petroleum products.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
C. 
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in § 95-17B shall be:
(1) 
Elevated or designed and constructed to remain completely dry up to at least 1.5 feet above the one-hundred-year flood and,
(2) 
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
(3) 
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 approved, equivalent watertight standard.
A. 
Manufactured homes shall not be placed within any identified floodway area.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
B. 
Within any AE Zone or A Zone, manufactured homes shall not be placed within the area measured 50 feet landward from the top of bank (the assumed floodway) of any watercourse.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
C. 
Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:
(1) 
Placed on a permanent foundation.
(2) 
Elevated so that the lowest floor of the manufactured home is 1.5 feet or more above the one-hundred-year flood elevation.
(3) 
Anchored to resist flotation, collapse, or lateral movement.
(4) 
Installation of manufactured homes shall be done in accordance with the manufacturer's installation instructions and other applicable codes and standards.
The following activities require a Special Permit issued by the Borough:
A. 
The commencement of any of the following activities, or the construction enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
(1) 
Hospitals.
(2) 
Nursing homes and other similar uses, such as disability-defined group homes and multiple-unit age-restricted housing.
(3) 
Jails or prisons.
B. 
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
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, 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;
(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;
(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, 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 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, and the effects such materials and debris may have on base flood elevation 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;[1] and
[1]
Editor's Note: See 32 P.S. § 679.302.
(9) 
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
Upon receipt of an application for a special permit by the Shippensburg Borough Council, the following procedures shall apply in addition to those of §§ 95-2 through 95-12:
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 Shippensburg Borough Planning Commission and Shippensburg Borough's engineer for review and comment.
B. 
If an application is received that is incomplete, the Borough shall notify the applicant in writing, stating in what respect the application is deficient.
C. 
If the Shippensburg Borough Council decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
D. 
If the Shippensburg Borough Council 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 Shippensburg Borough Council 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 Shippensburg Borough Council.
F. 
If the Shippensburg Borough Council 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 Shippensburg Borough Council and the applicant, in writing, of the reasons for the disapproval, and Shippensburg Borough shall not issue the special permit.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
A. 
No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
(1) 
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:
(a) 
The structure will survive inundation by waters of the base flood 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.
(2) 
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
B. 
All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by Shippensburg Borough and the Department of Community and Economic Development.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
A. 
The provisions of this chapter 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 set forth below shall apply.
B. 
The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1) 
No expansion or enlargement of an existing structure shall be allowed within any floodway area/district that would cause any increase in BFE.
(2) 
No expansion or enlargement of an existing structure shall be allowed with an AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3) 
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 chapter.
(4) 
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
The Borough Council may grant modifications to certain requirements of this chapter at their discretion. Any request for a modification of requirements shall be provided in writing and be accompanied by adequate justification, which shall be subject to a technical review.
A. 
The Borough shall consider requests for modifications in accordance with the procedures contained in § 95-12 and the following:
(1) 
No modification shall be granted for regulated activities within any floodway area that would cause any increase in the one-hundred-year flood elevation.
(2) 
No modification shall be granted for regulated activities within any AE Zone or A Zone that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
(3) 
No modification shall be granted for any of the requirements pertaining specifically to development regulated by special permit (§§ 95-19 through 95-22) or to development which may endanger human life (§ 95-17).
(4) 
If granted, a modification shall involve only the least modification of requirements necessary to provide relief.
(5) 
In granting any modification, the Borough Council 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 chapter.
(6) 
Whenever a modification is granted, the Borough Council shall notify the applicant in writing that:
(a) 
The granting of the modification may result in increased premium rates for flood insurance.
(b) 
Such modifications may increase the risks to life and property.
(7) 
In reviewing any request for a modification, the Borough Council shall consider, at a minimum, the following:
(a) 
That there is good and sufficient cause.
(b) 
That the granting of the modification 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.
(8) 
A complete record of all modification requests and related actions shall be maintained by the Borough. In addition, a report of all modifications granted during the year shall be included in the annual report to the Federal Emergency Management Agency.
B. 
Notwithstanding any of the above, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
APPLICANT
Any person, partnership, business or corporation applying for a land use permit involving regulated activities in an identified floodplain.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BOROUGH
The Borough of Shippensburg.
BOROUGH COUNCIL
The Council of the Borough of Shippensburg.
BUILDING
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.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to 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.
ENCROACHMENT
A structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse or floodplain.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN AREA
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.
FLOODPLAIN DISTRICT
Those floodplain districts specifically designated in the Borough of Shippensburg Zoning Ordinance as being inundated primarily by the one-hundred-year flood. Included would be areas identified as Floodway, AE Zone, and A Zone.
[Amended 2-21-2012 by Ord. No. 878, approved 2-21-2012]
FLOODPROOFING
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.
FLOODWAY
The designated area of a floodplain required to carry and discharge floodwaters 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.
HISTORIC STRUCTURE
Any structure that is:
A. 
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;
B. 
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;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
LOWEST FLOOR
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.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" includes park trailers, travel trailers, recreational and other similar vehicles, which are placed at one or more locations on a single property, or upon multiple properties under the same ownership, within an identified floodplain for more than 180 consecutive days.
MANUFACTURED HOME PARK
A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include 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.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the January 18, 2012, and includes any subsequent improvements to such structures. Any construction started after March 15, 1979, and before January 18, 2012, is subject to the ordinance in effect at the time the permit was issued, provided that the start of construction was within 180 days of permit issuance.
[Amended 4-21-2009 by Ord. No. 842, approved 4-21-2009; 2-21-2012 by Ord. No. 878, approved 2-21-2012]
ONE-HUNDRED-YEAR FLOOD
A flood that has a 1% chance of occurring annually (i.e., frequency of one time every 100 years), but may occur in any year.
PERSON
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.
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
Not more than 400 square feet, measured at the largest horizontal projections;
C. 
Designed to be self-propelled or permanently towable by a light-duty truck;
D. 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATED ACTIVITIES
Includes the following activities when proposed within an identified floodplain.
[Added 4-21-2009 by Ord. No. 842, approved 4-21-2009]
A. 
Land development.
B. 
Subdivision.
C. 
Construction and/or installation of new buildings or additions to existing buildings.
D. 
Earthwork or grading that alters the natural or preexisting topography.
E. 
Import of fill material.
F. 
Construction or installation of drainage or flood conveyance structures.
G. 
Temporary and permanent floodplain and watercourse encroachments.
H. 
Installation or construction of water and sanitary sewer facilities and other utilities.
I. 
Activities involving the use, production or storage of dangerous materials or substances that would pose a threat to human health, property or water supply.
J. 
Activities involving the use, production or storage of dangerous materials or substances that would pose a threat to human health, property or water supply.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus 1.5 feet.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
START OF CONSTRUCTION
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 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.
[Added 2-21-2012 by Ord. No. 878, approved 2-21-2012]
STRUCTURE
Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.
SUBDIVISION
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.
SUBSTANTIAL ADDITIONS TO MANUFACTURED HOME PARKS
Any repair, reconstruction, or improvement of an existing manufactured home park or manufactured home subdivision, where such repair, reconstruction, or improvement of the streets, utilities, and pads will equal or exceed 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement is started.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
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 regardless of the actual repair work performed. The term does not, however, include either:
A. 
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
B. 
Any alteration of a historic structure, provided that the alteration would not preclude the structure's continued designation as a "historic structure."
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction.
WATERCOURSE
A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WETLAND
Area that is saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions as determined in accordance with the 1987 United States Army Corps of Engineers Wetlands Delineation Manual.