Borough of Mifflinburg, PA
Union County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 29-701 Administration.

[Ord. 84-14, 12/18/1984; as amended by Ord. 85-10, 7/16/1985; by Ord. 88-2, 2/23/1988; by Ord. 88-11, 11/22/1988; by Ord. 2007-3, 9/18/2007; and by Ord. 2008-1, 4/15/2008]
A zoning permit shall be required for all construction and development in the Floodplain District, which includes but is not limited to buildings or other structures, paving, filling, grading, excavation, mining, dredging, or drilling operations.
A. 
Prior to the issuance of any zoning permit, the Zoning Administrator shall review the application for 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; the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334. No permit shall be issued until this determination has been made.
B. 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for zoning permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Administrator to determine that:
(1) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this Part 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.
C. 
Plans on all proposed buildings, structures, and other improvements, drawn at suitable scale, showing the following:
(1) 
The proposed lowest floor elevation of any proposed building based on the National Geodetic Vertical Datum in the most recent FIS.
(2) 
The elevation of the one-hundred-year flood.
(3) 
Detailed information concerning any proposed floodproofing measures.
D. 
For any proposed construction or development located entirely or partially within any identified floodplain area, applicants for building permits shall provide the following:
(1) 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative affect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
(2) 
A document, certified by a registered professional engineer or architect, which states that the proposed construction of a 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.
(3) 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development.

§ 29-702 General Provisions.

[Ord. 84-14, 12/18/1984; as amended by Ord. 88-2, 2/23/1988; and by Ord. 2007-3, 9/18/2007]
1. 
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
A. 
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies.
B. 
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
C. 
Requiring all those uses, activities, and developments that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage.
D. 
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
2. 
Applicability. These provisions shall apply to all lands within the jurisdiction of Mifflinburg Borough and shown as being located within the boundaries of any identified Floodplain District which is considered as a part of the Official Zoning Map.
3. 
Compliance. No structure or land located within an identified Floodplain District shall be used, located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with these regulations and any other applicable ordinances and regulations.
4. 
Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this Chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the identified floodplain districts, or that land uses permitted within such districts, will be free from flooding or flood damage. This Chapter shall not create liability on the part of Mifflinburg Borough or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.
5. 
For the purpose of §§ 29-701 through 29-708 (the Floodplain Districts), the following definitions shall apply:
BASEMENT
Any area of the building having its floor below ground level on all sides.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to 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.
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.
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 the 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 the 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.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built as to render the structure in violation of the applicable nonelevation design requirements of this Part.
MANUFACTURED HOME
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 includes parked trailers, travel trailers, and other similar vehicles which are placed on a site 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.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after December 18, 1984, and includes any subsequent improvements thereto.
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; and
D. 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
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.
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 or repetitive loss 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 an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
6. 
This Part 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 Part, the more restrictive shall apply.

§ 29-703 Establishment of Floodplain District.

[Ord. 84-14, 12/18/1984; as amended by Ord. 88-2, 2/23/1988; and by Ord. 2007-3, 9/18/2007]
The identified floodplain area shall be those areas of Mifflinburg Borough, which are subject to the one-hundred-year flood, as identified in the Flood Insurance Study (FIS) dated September 28, 2007, and the accompanying maps prepared for the Borough by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all digital data sources.
1. 
Description of Floodplain Areas. The identified floodplain area shall consist of the following specific areas:
A. 
FE (Special Floodplain Area). The areas identified as Zone AE in the Flood Insurance Study, where one-hundred-year flood elevations have been provided, but no floodway has been delineated.
B. 
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 the 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. 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 thorough technical review by the Borough.
2. 
Overlay Concept.
A. 
The Floodplain District shall be an overlay to the existing underlying districts as shown on the Official Zoning Map; and, as such, the provisions for the Floodplain District shall serve as a supplement to the underlying district provisions.
B. 
Where there happens to be any conflict between the provisions or requirements of the Floodplain District and those of any underlying district the more-restrictive provisions shall apply.
3. 
Floodplain District Map. The boundary of the Floodplain District is established as shown on the FIA Flood Hazard Boundary Map for Mifflinburg Borough, which is declared to be a part of this Chapter and which shall be kept at the Borough Office.
4. 
Changes in Identification of Area. The identified floodplain area may be revised or modified by the Borough where studies or information provided by a qualified agency or person document the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency (FEMA).

§ 29-704 District Provisions.

[Ord. 84-14, 12/18/1984; as amended by Ord. 88-2, 2/23/1988; by Ord. 88-11, 11/22/1988; by Ord. 2007-3, 9/18/2007; and by Ord. 2008-1, 4/15/2008]
1. 
All uses, activities, and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this Chapter and with all other applicable codes and ordinances such as the Borough Building Code [Chapter 5] and Borough Subdivision and Land Development Ordinance [Chapter 23].
2. 
Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
3. 
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 Borough and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office.
4. 
In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified by the Borough prior to any alteration or relocation of any watercourse.
A. 
Space below the lowest floor.
(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 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 "partially enclosed space" also includes crawl spaces. 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 shall be provided.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(3) 
Consideration may be given to the requirements of 34 Pa. Code (Chapters 401-405, as amended) and the Uniform Construction Code (Act 45, as amended).
B. 
Floodplain District Use Regulations.
(1) 
Permitted and Special Exception Uses. In the Floodplain District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this Chapter and all other applicable codes and ordinances.
(2) 
Setback Requirement From Watercourse. No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3) 
Residential Structures. Within any identified floodplain area, the elevation of the lowest floor (including basement) of any residential structure shall be 1 1/2 feet or more above the one-hundred-year flood elevation. The design and construction standards and specifications contained in the Uniform Construction Code (Act 45, as amended) and ASCE 24 (Sections 2.4 and 2.5, Chapter 5) and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized.
(4) 
Nonresidential Structures.
(a) 
Within any identified floodplain area, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(b) 
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the one-hundred-year flood elevation shall be floodproofed in a completely or essentially dry manner 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.
(c) 
The design and construction standards and specifications contained in the UCC (Act 45, as amended), ASCE 24 (Sections 2.4 and Chapter 7) and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized.
(5) 
Within any floodway area, no new construction or development shall be permitted that could cause any increase in flood elevation.
(6) 
Within any AE Area/District, no new construction or development shall be allowed unless it is demonstrated that the cumulative affect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
C. 
Floodplain Design and Construction Standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(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 not steeper than one vertical to two horizontal, unless substantiated data, justifying steep slopes, is submitted to and approved by the Zoning Administrator; and
(e) 
Be used to the extent to which it does not adversely affect adjacent properties. The provisions contained in the UCC (Act 45, as amended) shall be utilized.
(2) 
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.
(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 otherwise prohibited by this Chapter 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 affect 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 by prevent flotation.
(c) 
The design and construction requirements of the UCC pertaining to this subsection as referred to in 34 Pa. Code (Chapters 401-405, as amended) and ASCE 24-98 (Section 5.6) shall be utilized.
(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 grain, 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.
(e) 
The provisions of the UCC pertaining to this subsection and referenced in the 34 Pa. Code (Chapters 401-405, as amended) and ASCE 24-98 (Chapter 6) shall apply.
(10) 
Paints and Adhesives.
(a) 
Paints or other finishes used at or below the regulatory flood elevation shall be of "marine" or water-resistant variety.
(b) 
Adhesives used at or below the regulatory flood elevation shall be of a "marine" or water-resistant variety.
(c) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or water-resistant paint or other finishing material.
(d) 
The standards and specifications contained in 34 Pa. Code (Chapters 401-405, as amended) and the UCC shall apply.
(11) 
Electrical Components.
(a) 
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
(b) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(c) 
The provisions pertaining to the above provisions and referenced in the UCC and 34 Pa. Code (Chapters 401-405), as amended, and ASCE 24 (Chapter 8) shall be utilized.
(12) 
Equipment.
(a) 
Water heaters, furnaces, air-conditioning and ventilating units, and other mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(b) 
The provisions pertaining to the above provisions and referenced in the UCC and 34 Pa. Code (Chapters 401-405), as amended the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.
(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.

§ 29-705 Special Provisions for Certain Kinds of Development Within the Floodplain District.

[Ord. 84-14, 12/18/1984; and by Ord. 2007-3, 9/18/2007]
1. 
Development Which May Endanger Human Life. In accordance with the Pennsylvania Floodplain Management Act, and the regulations adopted by the Department of Community Affairs as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances; or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
Acetone
Ammonia
Benzene
Calcium carbide
Carbon disulfide
Celluloid
Chlorine
Hydrochloric acid
Hydrocyanic acid
Magnesium
Nitric acid and oxides of nitrogen
Pesticides (including insecticides, fungicides, and rodenticides)
Petroleum products (gasoline, fuel oil, etc.)
Phosphorus
Potassium
Radioactive substances, insofar as such substances are not otherwise regulated
Sodium
Sulphur and sulphur products
2. 
Within any FW (Floodway Area), any structure of the kind described in Subsection 1 above shall be prohibited.
3. 
Other Prohibited Uses. In accordance with the Pennsylvania Floodplain Management Act (Act 166) and regulations adopted by the Department of Community Affairs as required by this Act, the following obstructions and activities are prohibited in the Floodplain District:
A. 
Hospitals, public or private.
B. 
Nursing homes, public or private.
C. 
Jails, public or private.
D. 
Mobile homes, new mobile home parks and mobile home subdivisions, and substantial improvements to existing mobile home parks.

§ 29-706 Existing Structures in Floodplain Districts.

[Ord. 84-14, 12/18/1984; and by Ord. 2007-3, 9/18/2007]
A structure or use of a structure or premises which lawfully existed before the enactment of these provisions but which is not in conformity with these provisions may be continued subject to the following conditions:
A. 
No expansion or enlargement of an existing structure and/or use shall be allowed within any Floodplain District that would cause any increase in flood heights.
B. 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure and/or use 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.
C. 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure and/or use to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible.
D. 
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this Part.

§ 29-707 Special Exceptions in Floodplain Districts.

[Ord. 84-14, 12/18/1984; and by Ord. 2007-3, 9/18/2007]
1. 
Additional Review Factors. In passing upon applications for special exceptions, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this Chapter and:
A. 
The danger to life and property due to increased flood heights or velocities caused by encroachments;
B. 
The danger that materials may be swept on to other lands or downstream to the injury of others;
C. 
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions;
D. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
E. 
The importance of the services provided by the proposed facility to the community;
F. 
The requirements of the facility for a waterfront location;
G. 
The availability of alternative locations not subject to flooding for the proposed use;
H. 
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
I. 
The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
J. 
The safety of access to the property in times of flood of ordinary and emergency vehicles;
K. 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
L. 
Such other factors which are relevant to the purposes of this Chapter.
2. 
Supplemental Technical Review. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters.

§ 29-708 Variances Within Floodplain Districts.

[Ord. 84-14, 12/18/1984; as amended by Ord. 88-2, 2/23/1988; and by Ord. 2007-3, 9/18/2007]
1. 
General. If compliance with any of the requirements of this Chapter 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.
2. 
Variance Procedures and Requirements. Requests for variances shall be considered by the Zoning Hearing Board in accord with Part 6 of this Chapter in addition to the following:
A. 
No variance shall be granted to the setback requirement from a watercourse.
B. 
No variance shall be granted for a use prohibited in the Floodplain District.
C. 
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
(1) 
The granting of the variance may result in increased premium rates for flood insurance; and
(2) 
Such variances may increase the risks to life and property.
D. 
In reviewing any request for a variance, the Zoning Hearing Board shall consider but not be limited to the following:
(1) 
That there is good and sufficient cause.
(2) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(3) 
That the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense or create nuisances, cause fraud on or victimization of the public or conflict with any other applicable local or state ordinance and regulations.
E. 
A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration. 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.
F. 
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.
G. 
No variance shall be granted for any construction, development, use, or activity within any AE area that would, together with all other existing and anticipating development, increase the one-hundred-year flood elevation more than one foot at any point.