[HISTORY: Adopted by the Borough of Hanover 8-4-1921 by Ord. No. 342; amended in its entirety 10-31-1968 by Ord. No. 1411. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Numbering of buildings — See Ch. 147.
Uniform construction codes — See Ch. 170.
Fire prevention — See Ch. 212.
Floodplain management — See Ch. 215.
Housing standards — See Ch. 230.
Plumbing — See Ch. 263.
Signs; street encroachments — See Ch. 298.
Subdivision and land development — See Ch. 320.
Trailers; temporary structures — See Ch. 330.
Zoning — See Ch. 370.
[Amended 12-29-1975 by Ord. No. 1655; 12-16-1981 by Ord. No. 1734; 8-26-2009 by Ord. No. 2151]
A. 
From and after the passage of this chapter, it shall be unlawful for any person or persons, firms or corporations to construct any building within the limits of the Borough of Hanover, to materially change, renew or enlarge any existing building or to wreck, raze or move any existing building unless the owner of such building or proposed building shall have first obtained therefor a permit from the Borough Secretary.
B. 
If all legal provisions to Borough regulations have been complied with by the applicant, the Borough Secretary shall issue a permit for the doing of the work, as well as a sign or poster which shall state that said permit has been issued; provided, however, that in the event that any law requires that the plans for any work shall be approved by the Department of Labor and Industry of the Commonwealth of Pennsylvania or a building code inspector required by commonwealth law, such approval must be obtained prior to the issuance of any permit. The said sign or poster shall thereafter and at all times during the course of such construction, changes, alterations, wrecking, razing, shoring or removing be and remain prominently and conspicuously posted upon the premises.
C. 
Permit fees.
[Amended 8-26-2015 by Ord. No. 2229]
(1) 
The fee for issuing such permit shall be $25 for the first $5,000 or fraction thereof, plus $1 per $1,000 for all over $5,000 of the estimated cost of such construction, material change, renewal or enlargement. The Borough Secretary shall require a verification and/or correction of the cost as estimated at the time of the application for the permit, and the applicant shall file with the Borough Secretary a certificate showing the actual cost of such construction, material change, renewal or enlargement within 30 days from and after the date of completion thereof, provided that the actual cost thereof shall exceed the sum of $2,500, and the applicant shall pay to the Borough Secretary, at the time of such filing, any additional fees which may be due and owing to the Borough of Hanover as a result of such actual cost exceeding the estimated cost.
(2) 
The fee for issuing a permit to wreck, raze or remove an existing building shall be set at a rate of $1 per 100 square feet for the first 1,000 square feet of building area wrecked, razed, removed, or otherwise demolished, and $2 per 100 square feet for each square foot, or fraction thereof, in excess of 1,000 square feet. Said fee imposed for the issuance of a permit to wreck, raze, remove, or otherwise demolish an existing building shall be no less than $25.
(3) 
Said permit fees described in this Subsection C may be adjusted from time to time by resolution passed by the Borough Council of the Borough of Hanover.
D. 
It shall be unlawful to erect any building on the building line of any highway without first securing from the Borough Manager the proper grade and line, which shall be promptly given, free of charge, by said Borough Manager.
E. 
During the erection of any building, a passageway at least four feet wide shall be kept open along the sidewalks, which said passageway shall be provided with a board roof if deemed necessary by the Borough Manager.
F. 
It shall be unlawful for any applicant to refuse or neglect to file with the Borough Secretary a certificate showing the actual cost of such construction, material change, renewal or enlargement within the time and in the manner as provided in § 150-1C hereof, and it shall be unlawful for any applicant to willfully falsify the amount of such actual cost on such certificate.
G. 
Construction within the floodway, flood fringe or general floodplain district shall elevate or floodproof the lowest floor, including basement, at least 1 1/2 feet above the one-hundred-year-flood elevation, as outlined on the Hanover Borough Flood Boundary and Floodway Map and delineated in the Flood Insurance Study. 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. 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.
(1) 
Nonresidential structures can be constructed so that the space enclosed by such structures remains either completely or essentially dry during any flood up to that height. Such construction must be in accordance with the standards contained in the publication entitled "Floodproofing Regulations" (United States Army Corps of Engineers, June 1972) or some other equivalent standard for that type of construction accepted by the Borough Engineer.
(2) 
Design and construction standards for 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 drainage at all points 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) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.
(4) 
Water facilities. All new or replacement water facilities shall be located, designed and constructed to minimize or eliminate flood damages.
(5) 
Streets. The finished elevation of proposed new streets shall be no more than one foot below the regulatory flood elevation.
(6) 
Utilities. All utilities, such as gas lines, electrical and telephone systems, being placed in flood-prone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(7) 
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-foot vertical to two feet horizontal, unless substantiated data justifying steeper slopes is submitted to and approved by the Building Official.
(e) 
Be used to the extent to which it does not adversely affect adjacent properties. The provisions contained in the 2003 IBC (Sections 1801.1 and 1830.4) shall be utilized.
(8) 
Placement of buildings and structures. All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water. In so doing, consideration shall be given to their effect upon the flow and height of floodwaters.
(9) 
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.
(c) 
The design and construction requirements of the UCC pertaining to this subsection, as referred to in 34 Pa. Code (Chapters 401 to 405, as amended) and contained in the 2003 IBC (Sections 1605.2.2, 1605.3.1.4, 1612.4 and Appendix G501.3), the IRC (Sections R301.1 and R323.1.1) and ASCE 24-98 (Sections 5 and 6), shall be utilized.
(10) 
Floor, 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.
(11) 
Electrical components or apparatus shall not be located below the regulatory flood elevation.
(a) 
No electrical distribution panels shall be allowed at an elevation less than three feet above the level of 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 Uniform Construction Code and 34 Pa. Code (Chapters 401 to 405, as amended) and contained in the 2003 IBC (Section 1612.4), the IRC (Section R323.1.5) and the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be used.
(12) 
Equipment.
(a) 
Water heaters, furnaces, air conditioners and ventilating units and other electrical, mechanical or utility equipment or apparatus shall be permitted only at elevations above the regulatory flood.
(b) 
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.
(c) 
Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(d) 
Fuel supply systems shall not be located below the regulatory flood elevation.
(e) 
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.
(13) 
Paints and adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(a) 
The design and construction provisions of the Uniform Construction Code and 34 Pa. Code (Chapters 401 to 405, as amended), and contained in the 2003 IBC (Appendix G; Sections 401.3 and 401.4) the 2003 IRC (Section 323.1.6), the ASCE 24-98 (Section 8.3), FEMA No. 348, Protecting Building Utilities from Flood Damages, and the International Private Sewage Disposal Code (Chapter 3), shall be utilized.
(b) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
(c) 
Paint and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(d) 
The standards and specifications contained in 34 Pa. Code (Chapters 401 to 405, as amended), the 2003 IBC (Sections 801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Section R323.1.7) shall be utilized.
(e) 
The provisions of the Uniform Construction Code pertaining to this subsection and referenced in the 34 Pa. Code (Chapters 401 to 405, as amended), and contained in the 2003 IBC (Sections 801.1.3, 1403.2, 1403.4, 1403.6 and 1404.2), the 2003 IRC (Sections R323.1.7 and R501.3) and ASCE 24-98 (Chapter 6) shall be utilized.
(14) 
Storage. No materials that are buoyant, flammable or explosive or that, in the time of flooding, could be injurious to human, animal or plant life and not listed in Subsection I, Development which may endanger human life, shall be stored at or below the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(15) 
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.
H. 
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 to 405), as amended, and not limited to the following provisions, shall apply to the above and other sections and subsections of this chapter to the extent that they are more restrictive and/or supplement the requirements of this chapter.
(1) 
International Building Code (IBC) 2003 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2) 
International Residential Building Code (IRC) 2003 or the latest edition thereof: Sections R014, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
I. 
Development which may endanger human life.
(1) 
In accordance with the Pennsylvania Floodplain Management Act[1] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances; 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:
(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) 
Sulphur and sulphur 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 I(1) above shall be prohibited. Where permitted in any floodplain area, any new or substantially improved structure of the kind described in Subsection I(1) above shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood; and designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood. 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 (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standards.
(3) 
Consideration shall be given to the installation requirements of the 2003 IBC (Appendix G, Section 501.1-3) and the 2003 IRC (Sections R323.2, R323.3, R102.7.1, and Appendix AE101, 604 and 605), or the most recent revisions thereto, and 34 Pa. Code (Chapters, 401 to 405), as amended, where appropriate and/or applicable to units where the manufacturer's standards for anchoring cannot be provided or were not established for the unit's proposed installation.
J. 
Existing structures and improvements.
(1) 
Structures existing in any designated floodplain district prior to the enactment of this section but which are not in compliance with these provisions, may continue to remain, subject to the following:
(a) 
Existing structures located in a designated floodway district or area shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement of flood heights is fully offset by accompanying improvements.
(2) 
The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(a) 
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred-year flood.
(b) 
No expansion or enlargement of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one foot at any point.
(c) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
(d) 
The requirements of 34 Pa. Code Chapters 401 to 405, as amended, and the 2003 IRC (Sections R102.7.1, R105.3.1 and Appendixes E and J), or the latest revision thereof, and the 2003 IBC (Sections 101.3, 3403.1 and Appendix G), or the latest revision thereof, shall also be utilized in conjunction with the provisions of this section.