Borough of Muncy, PA
Lycoming County
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Table of Contents
Table of Contents
A. 
Purpose. The purpose of these provisions is to:
(1) 
Promote the general health, welfare and safety of the community;
(2) 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;
(3) 
Minimize danger to public health by protecting water supply and natural drainage;
(4) 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding; and
(5) 
Comply with federal and state floodplain management requirements.
B. 
Compliance. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development within the Borough except in full compliance with the terms and provisions of this chapter, including § 286-94 pertaining to zoning permits, and any other applicable regulations which apply to uses within the jurisdiction of this chapter.
C. 
Interpretation of district boundaries. Where interpretation is needed concerning the exact location of any boundary of any floodplain district, the Zoning Hearing Board shall make the necessary determination. Persons contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the Zoning Hearing Board and to submit their own technical evidence if they so desire.
D. 
Warning and disclaimer of liability. The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts, or that land uses permitted within such areas, will be free from flooding or flood damages.
A. 
Identification.
(1) 
The identified floodplain shall be those areas of Muncy Borough which are subject to the one-hundred-year flood, as identified in the Flood Insurance Study (FIS) dated March 16, 2004, and the accompanying maps prepared for the Borough by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.
(2) 
For the purposes of this chapter, the Floodway District and the Flood Fringe and General Floodplain District shall be overlays to the existing underlying districts as shown on the Borough's Official Zoning Map. As such, the provisions for theses districts shall serve as a supplement to the underlying district provisions. Where there happens to be any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
B. 
Description of floodplain areas.
(1) 
The identified floodplain shall consist of the following specific areas:
(a) 
The floodway area includes all those areas of the one-hundred-year floodplain identified as "floodway" in the AE Zone in the FIS prepared by FEMA. The term shall also include those areas which have been identified as floodway in other available studies or sources of information for those floodplain areas where no floodway has been identified in the FIS.
(b) 
The flood-fringe area includes all the remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the FIS where a floodway has been delineated. The basis for the outermost boundary of this Area shall be the one-hundred-year flood elevations as shown on the flood profiles contained in the FIS.
(c) 
The general floodplain area includes 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 or other acceptable sources shall be used to determine the one-hundred-year flood elevation, as well as a floodway area, if possible. When such other acceptable information is not available, the one-hundred-year flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
(2) 
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.
In order to prevent excessive damage to buildings and structures due to flooding, the following restrictions shall apply to all new construction, development, and substantial improvement occurring in all designated Floodplain Districts:
A. 
General technical requirements.
(1) 
Within the identified floodplain areas, the development and/or use of land shall be permitted provided that such development or use complies with the restrictions and requirements of this and all other applicable codes and ordinances in effect in Muncy Borough.
(2) 
Within any floodway area, the following provisions shall apply:
(a) 
No new construction, development, use, activity or encroachment shall be permitted that would cause any increase in one-hundred-year flood heights.
(b) 
No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection's Regional Office.
(3) 
Within any general floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(4) 
The standards and specifications contained in 34 Pa. Code (the Uniform Construction Code), Chapters 401 through 405, as amended, and the following referenced provisions shall apply to all sections of this article, to the extent that they are more restrictive and/or supplement the requirements of this chapter.
(a) 
International Building Code (IBC) Chapters 3 through 7, 14 through 18, and Appendix G, or as currently adopted by the Uniform Construction Code.
(b) 
International Residential Building Code (IRC) Chapters 3 through 6, 8, 9, and Appendix E and J, or as currently adopted by the Uniform Construction Code.
B. 
Elevation and floodproofing requirements.
(1) 
Residential structures. Within any identified floodplain area, the lowest floor (including basement or cellar) in any new construction or substantial improvement of a residential structure (including those structures which have been substantially damaged) shall be elevated 1 1/2 feet above the one-hundred-year flood elevation.
(2) 
Nonresidential structures.
(a) 
Within any identified floodplain area, the elevation of the lowest floor (including basement or cellar) in any new construction or substantial improvement of a nonresidential structure (including those structures which have been substantially damaged) shall be elevated up to, or above, the one-hundred-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(b) 
Any nonresidential structure, or part thereof, having a lowest floor (including basement or cellar) 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 "Floodproofing 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.
(3) 
Space below the lowest floor.
(a) 
Fully enclosed spaces. Fully enclosed spaces below the lowest floor (including basement or cellar) are prohibited.
(b) 
Partially enclosed spaces. Partially enclosed space below the lowest floor which will be used solely for the parking of vehicles, building access, or incidental storage in an area other than a basement or cellar, shall be designed and constructed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. (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:
[1] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area;
[2] 
The bottom of all openings shall be no higher than one foot above grade; and
[3] 
Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
C. 
Design and construction standards. The following minimum standards shall apply to all construction and development proposed within any identified floodplain area.
(1) 
Fill. If fill is used, it shall:
(a) 
Extend laterally 15 feet beyond the building line from all points;
(b) 
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted;
(c) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling;
(d) 
Be no steeper than one vertical to two horizontal feet, unless substantiating data justifying steeper slopes are submitted to and approved by the Zoning Officer;
(e) 
Be appropriately stabilized upon completion of compaction to avoid erosion and scouring of the fill material; and
(f) 
Be used only to the extent to which it does not adversely affect adjacent properties.
(2) 
Special requirements for mobile and manufactured homes. For the purposes of this chapter, the term "mobile home" shall also include manufactured homes, and park trailers, travel trailers, recreational vehicles, and other similar types of units which are placed on a site for more than 180 consecutive days.
(a) 
Within any floodway area, all mobile homes shall be prohibited.
(b) 
Where permitted within any flood fringe or general floodplain area, all mobile homes and any improvements, including those units substantially damaged as a result of a flood, shall be:
[1] 
Placed on a permanent foundation;
[2] 
Elevated so that the lowest floor of the mobile home is 1 1/2 feet or more above the elevation of the one-hundred-year flood; and
[3] 
Anchored to resist flotation, collapse, or lateral movement.
(3) 
Placement of buildings, structures and fences. All buildings and structures shall be designed, located and constructed on the lot 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 the flood water.
(4) 
Anchoring.
(a) 
All buildings and structures, including mobile homes, shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, and lateral movement.
(b) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be firmly anchored or affixed to prevent flotation.
(5) 
Floor, walls and ceilings. Where a structure is located at or below the one-hundred-year flood elevation, the following standards shall apply:
(a) 
Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
(b) 
Plywood and interior finished walls shall be of any "exterior" or "marine" grade and of a "water-resistant" variety.
(c) 
Walls and ceilings shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(d) 
Windows, doors and other such components shall be made of metal or other water-resistant material.
(6) 
Paints and adhesives. Where a structure is located at or below the one-hundred-year elevation, the following standards shall apply:
(a) 
Paints or other finishes shall be of marine or other water-resistant quality.
(b) 
Adhesives shall be of a marine or water-resistant variety.
(c) 
All wooden components (doors, trim, cabinets, etc.) shall be finished or sealed with a marine or water-resistant paint or other finishing material.
(7) 
Electrical components.
(a) 
Electric 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.
(8) 
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the one-hundred-year flood elevation.
(9) 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(10) 
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 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.
(11) 
Other utilities. All other utilities, such as gas lines, electric and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(12) 
Streets. The finished elevation of all new streets shall be no more than one foot below the one-hundred-year flood elevation.
(13) 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure 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.
(14) 
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life (including but not limited to those identified in § 286-62A) shall be stored at or above the one-hundred-year flood and/or be floodproofed to the maximum extent possible.
Uses normally associated with water management projects (such as dams, impoundment basins, culverts, sewers or bridges) may be permitted in any of the floodplain districts, regardless of the underlying zoning district, but shall meet the "no rise rule" requirements set forth in §§ 286-23 and 286-58A(2) of this chapter. Such uses shall also be subject to approval by the Borough Council (following review by the Borough Planning Commission) and the Pennsylvania Department of Environmental Protection. In addition, no alteration or relocation of a stream or watercourse may take place without the applicant having first obtained the necessary permit from the Department of Environmental Protection. Prior to any such alteration or relocation, adjacent communities, the Pennsylvania Department of Community and Economic Development and the Federal Emergency Management Agency must be notified. Under no circumstances shall any alteration or relocation take place which will lower the flood-carrying capacity of any stream or watercourse.
A structure, or use of a structure or premises, which lawfully existed in any designated floodplain district before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:
A. 
Existing structures and/or uses located in an identified floodway area shall not be expanded, but may be modified, altered, or repaired to incorporate floodproofing measures, provided that such measures do not increase the elevation of the one-hundred-year flood.
B. 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure in any floodplain district, to an extent or amount of less than 50% of its market value, shall be floodproofed and/or elevated to the greatest extent possible.
C. 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure in any floodplain district, 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.
Accessory structures which are proposed to be located in an identified flood fringe or general floodplain area need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
A. 
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material and equipment related to the principal use or activity.
B. 
The total floor area of all accessory structures located on any one lot shall not exceed 600 square feet.
C. 
The structure shall have a low damage potential.
D. 
The structure shall be located on the site so as to cause the least obstruction to the flow of floodwaters.
E. 
Power lines, wiring and outlets shall be at least 1 1/2 feet above the one-hundred-year flood elevation.
F. 
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc. shall be prohibited.
G. 
Sanitary facilities shall be prohibited.
H. 
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria:
(1) 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space;
(2) 
The bottom of all openings shall be no higher than one foot above grade; and
(3) 
Openings may be equipped with screens, louvers, etc. or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
A. 
Hazardous materials and substances. In accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166),[1] and the regulations adopted by the Pennsylvania Department of Community Affairs (now known as the "Pennsylvania Department of Community and Economic Development") as required by the Act, any new or substantially improved structure which: will be used for the production or storage of any of the following dangerous materials or substances; or, will be used for any activity requiring the maintenance or a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or, will involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(1) 
Acetone.
(2) 
Ammonia.
(3) 
Benzene.
(4) 
Calcium carbide.
(5) 
Carbon disulfide.
(6) 
Celluloid.
(7) 
Chlorine.
(8) 
Hydrochloric acid.
(9) 
Hydrocyanic acid.
(10) 
Magnesium.
(11) 
Nitric acid and oxides of nitrogen.
(12) 
Petroleum products (gasoline, fuel oil, etc.).
(13) 
Phosphorus.
(14) 
Potassium.
(15) 
Sodium.
(16) 
Sulphur and sulphur products.
(17) 
Pesticides (including insecticides, fungicides, and rodenticides).
(18) 
Radioactive substances, insofar as such substances are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Floodproofing requirements.
(1) 
Activities and development of the kind described in Subsection A above shall be prohibited in any identified floodway area.
(2) 
Where permitted within an identified flood fringe or general floodplain area, any new or substantially improved structure of the kind described in Subsection A 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 one-hundred-year flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
(3) 
In addition, the Borough may attach whatever additional conditions and safeguards it may deem necessary and reasonable in order to implement the purposes of this chapter and to protect the general health, safety, and welfare of the public.
A. 
Identification of activities requiring a special permit. In accordance with the administrative regulations adopted by the Pennsylvania Department of Community Affairs (now known as the "Department of Community and Economic Development") to implement the Pennsylvania Flood Plain Management Act (Act 1978-166),[1] the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Borough.
(1) 
The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure fused, or intended to be used, for any of the following activities:
(a) 
Hospitals.
(b) 
Nursing homes.
(c) 
Jails or prisons.
(2) 
The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Application requirements. Applicants for special permits shall provide five copies of the following items:
(1) 
A written request including a completed zoning permit application form.
(2) 
A small-scale map showing the vicinity in which the proposed site is located.
(3) 
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) 
Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet;
(c) 
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;
(d) 
The location of all existing streets, drives, other accessways, and parking areas, with information concerning width, pavement types, and construction, and elevations;
(e) 
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;
(f) 
The location of the floodplain boundary line, information and spot elevations concerning the one-hundred-year flood elevations, and information concerning the flow of water including direction and velocities;
(g) 
The location of all proposed buildings, structures, utilities, and any other improvements; and
(h) 
Any other information which the municipality considers necessary for adequate review of the application.
(4) 
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at a suitable scale showing the following:
(a) 
Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;
(b) 
For any proposed building, the elevation of the lowest floor (including basement or cellar) and, as required, the elevation of any other floor;
(c) 
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the one-hundred-year flood;
(d) 
Detailed information concerning any proposed floodproofing measures;
(e) 
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;
(f) 
Profile drawings for all proposed streets, drives, and vehicular accessways, including existing and proposed grades; and
(g) 
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
(5) 
The following data and documentation:
(a) 
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;
(b) 
Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood;
(c) 
A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one-hundred-year flood, including a statement concerning the effects such pollution may have on human life;
(d) 
A statement certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on one-hundred-year flood elevations and flows;
(e) 
A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-year flood elevation and the effects such materials and debris may have on one-hundred-year flood elevations and flows;
(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;
(h) 
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;[2] and
[2]
Editor's Note: See 32 P.S. § 679.302.
(i) 
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.
C. 
Application review procedures. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to all other applicable permit procedures:
(1) 
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded by the Borough to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Borough Planning Commission and Borough Engineer for review and comment. The Borough shall allow a period of 30 days for such reviews prior to taking action on the application.
(2) 
If an application is received that is incomplete, the Borough shall notify the applicant in writing, stating in what respect the application is deficient.
(3) 
If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4) 
If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered or certified mail, within five working days after the date of approval.
(5) 
Before issuing the special permit, the Borough shall allow the Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and decision made by the Borough.
(6) 
If the Borough does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.
(7) 
If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue the special permit.
D. 
Special technical requirements. In addition to any other applicable requirements, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and any other applicable provisions, the more restrictive provision shall apply.
(1) 
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:
(a) 
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:
[1] 
The structure will survive inundation by waters of the one-hundred-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the one-hundred-year flood elevation.
[2] 
The lowest floor elevation (including basement or cellar) will be at least 1 1/2 feet above the one-hundred-year flood elevation.
[3] 
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the one-hundred-year flood.
(b) 
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
(2) 
All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough technical review by the Borough and the Department of Community and Economic Development.
(3) 
In approving any application for a special permit, the Borough may attach whatever additional conditions and safeguards it may deem necessary and reasonable in order to implement the purposes of this chapter and to protect the general public health, safety, and welfare.
A. 
Zoning permit requirements. To insure that the aforementioned flood damage controls are being employed in all new construction, development and substantial improvement within any designated floodplain area, including the use of fill, the applicant or developer shall obtain a zoning permit prior to commencement of any such activity. The Zoning Officer shall provide the applicant with information from the Borough's official floodplain mapping concerning the location of any floodplain district boundary relative to the proposed development and/or construction and the water surface elevation of the one-hundred-year flood at the proposed development and/or construction site. The applicant shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer 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.
B. 
Application requirements. The Zoning Officer shall require the following specific information, plus other pertinent information as may be required, to be included as part of an application for a zoning permit in order to make the above determination.
(1) 
A completed zoning 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;
(c) 
All property and lot lines, with bearing and distances, including dimensions, and the size of the site expressed in acres or square feet;
(d) 
The location of all existing or proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision or land development;
(e) 
The location of all existing streets, drives, and other accessways;
(f) 
The location of all existing or proposed utilities, including sewer, water, electric, and natural gas lines; and
(g) 
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 a suitable scale showing the following:
(a) 
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;
(b) 
The elevation of the one-hundred-year flood;
(c) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with a one-hundred-year flood; and
(d) 
Detailed information concerning any proposed floodproofing measures.
(4) 
The following data and documentation:
(a) 
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 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 development. All plans and specifications for 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 standards contained in § 286-58 of this chapter.
(b) 
Detailed information needed to determine compliance with § 286-58C(14), Storage, and § 286-62, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 286-58C(14) and 286-62 which are intended to be used, produced, stored or otherwise maintained on site; and
[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 § 286-62 during a one-hundred-year flood.
(c) 
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.
(d) 
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.
C. 
Review by County Conservation District. A copy of all plans for proposed development in any identified floodplain area shall be submitted by the Zoning Officer to the County Conservation District for review and comment at least 30 days prior to the issuance of a zoning permit. The recommendations of the County Conservation District may be incorporated into the plan to provide for protection against predictable hazards. If no comments are received within the 30 days, the Zoning Officer may take action on the permit.
D. 
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Zoning Officer to the Borough Planning Commission, and, if requested by the Planning Commission, to the municipal engineer and/or any other appropriate agencies and/or individuals, for review and comment at least 30 days prior to the issuance of a zoning permit.
E. 
Issuance of zoning permits. Prior to the issuance of any zoning permits, the Zoning Officer shall review the application 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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No zoning permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
In passing upon applications for a variance within any identified floodplain area, the Zoning Hearing Board shall consider all factors specified in other sections of this chapter (including § 286-88C), state law relative to variances, and the following:
A. 
Variances may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, provided that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure.
B. 
Variances may not be granted for any construction, development, use, or activity within any floodway area that would result in any increase in flood levels during the one-hundred-year flood.
C. 
Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to § 286-62, Development which may endanger human life, and to § 286-63, development regulated by special permit.
D. 
If granted, a variance shall involve only the least modification necessary to provide relief.
E. 
In granting any variance, the Borough shall attach whatever reasonable conditions and safeguards it considers necessary to protect the public health, safety and welfare, and to achieve the objectives of this chapter.
F. 
Whenever a variance is granted, the Borough shall notify the applicant in writing that:
(1) 
The granting of a variance may result in increased premiums for flood insurance; and
(2) 
Such variances may increase the risks to life and property.
G. 
In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(1) 
That there is good and sufficient cause;
(2) 
That failure to grant the variance would result in exceptional hardship to the applicant; and
(3) 
That granting of the variance will:
(a) 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense,
(b) 
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances or regulations.
H. 
Records of all variance requests and related actions, including their justification shall be maintained by the Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administrator.
I. 
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.
In passing upon applications for special exceptions within any identified floodplain area, the Zoning Hearing Board shall consider all factors specified in other sections of this chapter (including § 286-88D), and the following:
A. 
The danger to life and property due to increased flood heights or velocities caused by encroachments. In the Floodway District, no special exception shall be granted which will cause any rise in the elevation of the one-hundred-year flood;
B. 
The danger that materials may be swept onto other lands or downstream causing injury to 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 alternate 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 safety of access to the property in times of flooding by ordinary and emergency vehicles;
J. 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and
K. 
Such other factors which are relevant to the purposes of this chapter.