[Ord. 1973-8, 5/25/1973, § 500; as added by Ord.
1995-2, 3/14/1995; and as amended by Ord. 1996-2, 5/9/1996, § 5]
1.Â
Purpose. The Rural Residential District provides for agriculture,
low density single-family detached housing and other suitable uses
that will protect the rural, open and ridgy portion of the Borough.
2.Â
Permitted Uses.
A.Â
Single-family detached; or,
B.Â
An individual mobile home, provided that the mobile home is placed
on a permanent, completely enclosed foundation consisting of masonry
construction and anchored. The tongue/hitch of the mobile home shall
be removed; and the wheels and axles of the mobile home shall be removed.
The crawl space underneath the mobile home (i.e., the space between
the grade of the ground and the bottom of the exterior walls of the
mobile home) shall be completely enclosed on all sides by a masonry
foundation wall. This masonry foundation wall may be equipped with
an access panel, door or hatch so that entry may be had to the space
underneath the mobile home; and, if applicable,
C.Â
Accessory uses; and, if applicable,
D.Â
Swimming pools meeting the requirements of § 604; and,
if applicable,
E.Â
Agricultural uses.
5.Â
Minimum Setback.
A.Â
Corner lots: on the property line or 20 feet from the curbline on
all sides facing the street, whichever is greater.
B.Â
Front: 20 feet from curb or property line, whichever is greater.
C.Â
Side: There shall be two side yards with an aggregate width of not
less than 20 feet and the width of the narrower side shall not be
less than seven feet.
D.Â
Rear: 15 feet.
E.Â
Accessory side setback: seven feet and having a maximum height of
12 feet within eight feet of the property line.
6.Â
Height: Maximum is 45 feet.
7.Â
Coverage: Maximum total is 45%.
[Ord. 1973-8, 5/25/1973, § 501; as amended by Ord.
1976-7, 10/-/1976, §§ C-F; by Ord. 1978-9, 8/24/1978;
by Ord. 1980-10, 12/30/1980, §§ B and C; by Ord. 1995-2,
3/14/1995; by Ord. 1996-2, 5/9/1996, § 6; and by Ord. 1999-7,
9/1/1999, § 1]
1.Â
Purpose. The purpose of the R-1 Low-Density Residential District
is to provide for the orderly expansion of low-density residential
development in those areas where public services are available; and
to exclude uses not compatible with such low-density residential development.
2.Â
Permitted Uses.
A.Â
Single-family detached; or,
B.Â
An individual mobile home provided that the mobile home is placed
on a permanent, completely enclosed foundation consisting of masonry
construction and anchored. The tongue/hitch of the mobile home shall
be removed; and the wheels and axles of the mobile home shall be removed.
The crawl space underneath the mobile home (i.e., the space between
the grade of the ground and the bottom of the exterior walls of the
mobile home) shall be completely enclosed on all sides by a masonry
foundation wall. This masonry foundation wall may be equipped with
an access panel, door or hatch so that entry may be had to the space
underneath the mobile home; and, if applicable,
C.Â
Accessory uses; and, if applicable,
D.Â
Swimming pools meeting the requirements of § 604.
5.Â
Minimum Setback.
A.Â
Corner lots: on the property line or 12 feet from the curbline on
all sides facing the street, whichever is greater.
B.Â
Front: 10 feet from curb or property line, whichever is greater.
C.Â
Side: There shall be two side yards with an aggregate width of not
less than 14 feet and the width of the narrower side shall not be
less than five feet.
D.Â
Rear: 10 feet.
E.Â
Accessory side setback: five feet and having a maximum height of
12 feet within eight feet of the property line.
F.Â
Multiple dwelling setback: In cases where there is a common wall
between two halves of a double or multiple row dwelling, the side
setback requirements herein will not apply to that side or sides of
the lot.
6.Â
Height: Maximum is 45 feet.
7.Â
Coverage: Maximum total is 45%.
[Ord. 1973-8, 5/25/1973, § 502; as amended by Ord.
1976-7, 10/26/1976, §§ G-H; by Ord. 1978-9, 3/8/1978;
by Ord. 1980-10, 12/30/1980, § 1; by Ord. 1995-2, 3/14/1995;
and by Ord. 1996-2, 5/9/1996, § 7]
1.Â
Purpose. The purpose of the R-2 Medium Density Residential District
is to provide for the orderly development of existing and proposed
medium-density residential areas where adequate public services and
circulation facilities are or will be available; and to exclude those
uses not compatible with such development.
2.Â
Permitted Uses.
A.Â
Single-family detached; or
B.Â
Single-family semidetached; or
C.Â
Two-family detached; or
D.Â
An individual mobile home, provided that the mobile home is placed
on a permanent, completely enclosed foundation consisting of masonry
construction and anchored. The tongue/hitch of the mobile home shall
be removed; and the wheels and axles of the mobile home shall be removed.
The crawl space underneath the mobile home (i.e., the space between
the grade of the ground and the bottom of the exterior walls of the
mobile home) shall be completely enclosed on all sides by a masonry
foundation wall. This masonry foundation wall may be equipped with
an access panel, door or hatch so that entry may be had to the space
underneath the mobile home; and, if applicable,
E.Â
Accessory uses; and, if applicable,
F.Â
Swimming pools meeting the requirements of § 604.
6.Â
Minimum Setback.
A.Â
Corner lots: on the property line or 12 feet from the curbline on
all sides facing the street, whichever is greater.
B.Â
Front: 10 feet from curb or property line, whichever is greater.
C.Â
Side: There shall be two side yards with an aggregate width of not
less than 14 feet and the width of the narrower side shall not be
less than five feet.
D.Â
Rear: 10 feet.
E.Â
Accessory side setback: five feet and having a maximum height of
12 feet within eight feet of the property line.
F.Â
Multiple dwelling setback: In cases where there is a common wall
between two halves of a double or multiple row dwelling, the side
setback requirements herein will not apply to that side or sides of
the lot.
7.Â
Height: Maximum is 45 feet.
8.Â
Coverage: Maximum total is 46%.
[Ord. 1973-8, 5/25/1973, § 503; as amended by Ord.
1976-7, 10/26/1976, § 1; by Ord. 1978-9, 3/8/1978; by Ord.
1980-10, 12/30/1980, § 1; by Ord. 1995-2, 3/14/1995; and
by Ord. 1996-2, 5/9/1996, § 8]
1.Â
Purpose. It is the purpose of the R-3 High-Density Residential District
to prevent the overcrowding of land and yet encourage higher-density
residential uses in those areas where public services are most available,
and to provide for the public convenience and avoid congestion of
the streets.
2.Â
Permitted Uses.
A.Â
Single-family detached; or
B.Â
Single-family semidetached; or
C.Â
Two-family detached; or
D.Â
Two-family semidetached; or
E.Â
Apartment house; or
F.Â
Garden apartment; or
G.Â
Residential conversion unit; or
H.Â
Multiple-family dwellings; or
I.Â
An individual mobile home, provided that the mobile home is placed
on a permanent, completely enclosed foundation consisting of masonry
construction and anchored. The tongue/hitch of the mobile home shall
be removed; and the wheels and axles of the mobile home shall be removed.
The crawl space underneath the mobile home (i.e., the space between
the grade of the ground and the bottom of the exterior walls of the
mobile home) shall be completely enclosed on all sides by a masonry
foundation wall. This masonry foundation wall may be equipped with
an access panel, door or hatch so that entry may be had to the space
underneath the mobile home; or
J.Â
Public uses and essential services; or
K.Â
Neighborhood grocery; and, if applicable,
L.Â
Accessory uses; and, if applicable,
M.Â
Swimming pools meeting the requirements of § 604.
6.Â
Minimum Setback.
A.Â
Corner lots: on the property line or 12 feet from the curbline on
all sides facing the street, whichever is greater.
B.Â
Front: 10 feet from curb or property line, whichever is greater.
C.Â
Side: There shall be two side yards with an aggregate width of not
less than 14 feet and the width of the narrower side shall not be
less than five feet.
D.Â
Rear: 10 feet.
E.Â
Accessory side setback: five feet and having a maximum height of
12 feet within eight feet of the property line.
F.Â
Multiple dwelling setback: In cases where there is a common wall
between two halves of a double or multiple row dwelling, the side
setback requirements herein will not apply to that side or sides of
the lot.
7.Â
Height: 45 feet maximum.
8.Â
Coverage: principal building 50% maximum; total including paved areas
70% maximum.
[Ord. 1973-8, 5/25/1973, § 504; as amended by Ord.
1980-10, 12/30/1980, § 1; by Ord. 1986-5, 10/27/1986, §§ 2
and 3; by Ord. 1995-2, 3/14/1995; and by Ord. 1996-2, 5/9/1996, § 9]
1.Â
Purpose. The purpose of the C-1 General Commercial District is to
provide for the orderly development of those uses necessary to meet
the community and regional needs for general goods and services, as
well as those of a social, cultural and civic nature, and to provide
for combined commercial and multifamily dwellings; and to exclude
uses not compatible with such activities.
2.Â
Permitted Uses.
3.Â
Conditional Uses.
A.Â
Industrial uses with limitations.
(1)Â
All activities shall be enclosed within a building.
(2)Â
Setbacks of the industrial zone shall be applied.
(3)Â
Screening shall be provided if required by the Borough Council.
(4)Â
The use shall emit no dirt, noise in excess of average traffic,
vibrations or concussions perceptible without instruments at the property
line.
(5)Â
The use must present no hazard for fire or safety to adjoining
properties.
4.Â
Special Exceptions. None
5.Â
Area and Bulk.
A.Â
No minimum area or width.
B.Â
No side yards are required except where abutting residential districts
or existing residential uses on the same side of the street. In those
cases, a side yard of 15 feet shall be required on the side of the
lot abutting the residential district or use.
C.Â
Front yard setback shall be 10 feet from the street right-of-way
line or the property line, whichever is greater. However, where a
building exists on either side the setback of such building on either
side which is closer to the property line may be applied at the option
of the applicant so long as no building is constructed into the street
right-of-way.
D.Â
Rear Yard. Five feet minimum.
6.Â
Height: 50 feet maximum.
7.Â
Coverage. Maximum coverage shall not be specified except that minimum
requirements for off-street loading and parking shall be met.
[Ord. 1973-8, 5/25/1973, § 506; as amended by Ord.
1996-2, 5/9/1996, § 10]
1.Â
Purpose. The purpose of the I-1 Industrial District is to provide
sufficient space, in appropriate locations, to meet the current and
anticipated future needs for a wide range of industrial activity.
It is further intended that approved industrial operations will be
compatible with adjacent uses.
2.Â
Permitted Uses.
A.Â
Industrial and manufacturing activities.
B.Â
Warehouse and distribution centers.
C.Â
Truck and bus terminals and related facilities.
D.Â
Rail yards, rail terminals and related facilities.
E.Â
Repair and maintenance facilities.
F.Â
Parking facilities.
G.Â
Any facilities required by Federal, State or local pollution control
authorities.
H.Â
Accessory buildings and uses customarily incidental to the above
uses.
I.Â
Access ways to adjacent properties.
J.Â
Commercial uses.
K.Â
Open pit mining for the recovery of metallic scrap materials, suitable
for use as cinders or public or private roads or materials suitable
for general agriculture purposes.
L.Â
Public uses and essential services.
3.Â
Conditional Uses.
A.Â
Disposal and waste storage areas incidental to the operation of industrial
activities provided evergreen tree screening which attains a minimum
height of five feet in three years is installed.
B.Â
Landfills incidental to the operation of industrial activities if
screening is provided and the applicable regulations of the Department
of Environmental Resources are met.
4.Â
Special Exception Uses. None
[Ord. 1973-8, 5/25/1973, § 507; as amended by Ord.
1978-6, 3/8/1978; by Ord. 1985-3, 9/25/1985, § 3; and by
Ord. 1995-2, 3/14/1995]
2.Â
Purpose. The purpose of these provisions is to prevent the lose 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.Â
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.Â
Restricting or prohibiting certain uses, activities, and development
from locating within areas subject to flooding.
C.Â
Requiring all those uses, activities, and developments that do occur
in floodprone areas to be protected and/or flood proofed against flooding
and flood damage.
D.Â
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
3.Â
General.
A.Â
These provisions shall apply to all lands within the jurisdiction
of Burnham Borough and shown on the Official Zoning Map as being located
within the boundaries of any floodplain district.
B.Â
The degree of flood protection sought by the provisions of this Part
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 floodplain districts, or that
land uses permitted within such districts, will be free from flooding
or flood damages.
C.Â
This Chapter shall not create liability on the part of Borough Council
or any officer or employee thereof for any flood damages that result
from reliance on this Chapter or any administrative decision lawfully
made hereunder.
4.Â
Description of Districts. The various floodplain districts shall
include areas subject to inundation by waters of the one-hundred-year
flood. The basis for the delineation of these districts shall be the
final Flood Insurance Study dated August 16, 2006.
[Amended by Ord. 2006-3, 8/7/2006]
A.Â
The Floodway District (FW) is delineated for purposes of this Chapter
using the criteria that a certain area within the floodplain must
be capable of carrying the waters of the one-hundred-year flood without
increasing the water surface elevation of that flood more than one
foot at any point. The Floodway District is shown on the Burnham Borough
Official Zoning Map. The areas included in this District are specifically
defined in Table 1 of the above referenced Flood Insurance Study and
shown on the accompanying Flood Boundary and Floodway Map.
B.Â
The Flood-Fringe District (FF) shall be that area of the one-hundred-year
floodplain not included in the Floodway District. The basis for the
outermost boundary of this district shall be the one-hundred-year
flood elevations contained in the flood profiles of the above referenced
Flood Insurance Study (FIS) and as shown on the accompanying Flood
Boundary and Floodway Map.
C.Â
The General Floodplain District (FA) shall be that floodplain area
for which no detailed flood profiles or elevations are provided. Such
areas are shown on the maps accompanying the FIS prepared by the FIA.
In determining the necessary elevations for the purposes of this Chapter,
other sources of data may be used such as:
(1)Â
Susquehanna River Basin Commission Flood Maps.
(2)Â
Corps of Engineers - Floodplain Information Reports.
(3)Â
U.S. Geological Survey - Flood prone quadrangles.
(4)Â
U.S.D.A., Soil Conservation Service - County Soil Surveys (Alluvial
Soils).
(5)Â
Known highwater marks from past floods.
(6)Â
Other sources.
D.Â
The Special
Floodplain District (FE) shall be 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.
[Added by Ord. 2006-3, 8/7/2006]
5.Â
Overlay Concept.
A.Â
The floodplain districts described above shall be overlays to the
existing underlying districts as shown on the Official Zoning Map,
and as such, the provisions for the floodplain districts shall serve
as a supplement to the underlying district provisions.
B.Â
Where there happens to be any conflict between the provisions or
requirements of any of the floodplain districts and those of any underlying
district the more restrictive provisions and/or those pertaining to
the floodplain districts shall apply.
C.Â
In the event any provision concerning a floodplain district is declared
inapplicable as a result of any legislative or administrative actions
or judicial discretion, the basic underlying district provisions shall
remain applicable.
6.Â
District Provisions.
A.Â
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 Subdivision and Land Development Ordinance [Chapter 22].
B.Â
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.
C.Â
Prior to any proposed alteration or relocation of any stream, watercourse,
etc., within the Borough, a permit shall be obtained from the Department
of Environmental Resources, Dams and Encroachment Division. Further,
notification of the proposed alteration or relocation shall be given
to all affected adjacent municipalities. Copies of such notifications
shall be forwarded to both the Federal Insurance Administration and
the Department of Community Affairs.
(1)Â
Floodway District (FW). In the Floodway District no development
shall be permitted except where the effect of such development on
flood heights is fully offset by accompanying improvements which have
been approved by all appropriate local and/or State authorities as
required above.
(a)Â
Permitted Uses. In the Floodway
District the following uses and activities are permitted provided
that they are in compliance with the provisions of the underlying
district and are not prohibited by any other ordinance and provided
that they do not require structures, fill, or storage of materials
and equipment:
1)Â
Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
2)Â
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, golf courses, boat-launching, and
swimming areas, hiking, and horseback riding trails, wildlife and
nature preserves, game farms, fish hatcheries, and fishing areas.
3)Â
Accessory residential uses such as yard areas, gardens, play
areas, and pervious parking areas.
4)Â
Accessory industrial and commercial uses such as yard areas,
pervious parking areas.
(b)Â
Uses Permitted by Special Exception.
The following uses and activities may be permitted by special exception
provided that they are in compliance with the provisions of the underlying
district and are not prohibited by any other ordinance:
1)Â
Structures, except for mobile homes, accessory to the uses and activities in Subsection (a), above.
2)Â
Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipe lines, water and sewage
treatment plants, and other similar or related uses; except that this
provision shall not be applicable only to the extent that exclusive
jurisdiction thereof is in the Pennsylvania Department of Environmental
Resources, or successor agency, or to the extent that the law and
regulations granting the Pennsylvania Department of Environmental
Resources jurisdiction supersedes or is inconsistent with this Chapter,
all pursuant to the Floodplain Management Act, Act of October 4, 1978,
P.L. 851, No. 166, § 101 et seq., 32 P.S. § 679.101
et seq., as amended and specifically per § 302, 32 P.S.
§ 679.302, as amended from time to time.
3)Â
Water-related uses and activities such as marina, docks, wharves,
piers, etc.
4)Â
Extraction of sand, gravel, and other materials.
5)Â
Temporary uses such as circuses, carnivals, and similar activities.
6)Â
Storage of materials and equipment provided that they are not
buoyant, flammable, or explosive, and are not subject to major damage
by flooding, or provided that such material and equipment is firmly
anchored to prevent flotation or movement, and/or can be readily removed
from the area within the time available after flood warning.
7)Â
Other similar uses and activities provided they cause no increase
in flood heights and/or velocities. All uses, activities, and structural
developments shall be undertaken in strict compliance with the flood
proofing provisions contained in all other applicable codes and ordinances.
(2)Â
Flood-Fringe District (FF). In the Flood-Fringe 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 flood proofing and related provisions contained
in all other applicable codes and ordinances.
(3)Â
General Floodplain District (FA). In the General 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 all other applicable codes and ordinances.
7.Â
Special Exceptions and Variances.
A.Â
In passing upon applications for special exceptions and variances
the Zoning Hearing Board shall consider all relevant factors and procedures
specified in other Sections of this Chapter and:
(1)Â
The danger to life and property due to increase flood heights
or velocities caused by encroachments. No special exception shall
be granted for any proposed use, development, or activity that will
cause any increase in flood levels during the one-hundred-year flood.
(2)Â
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(3)Â
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(4)Â
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
(5)Â
The importance of the services provided by the proposed facility
to the community.
(6)Â
The requirements of the facility for a waterfront location.
(7)Â
The availability of alternative locations not subject to flooding
for the proposed use.
(8)Â
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(9)Â
The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
(10)Â
The safety of access to the property in times of flood of ordinary
and emergency vehicles.
(11)Â
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site.
(12)Â
Such other factors which are relevant to the purposes of this
Chapter.
B.Â
The Zoning Hearing Board may refer any application and accompanying
documentation pertaining to any request for a special exception or
variance 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.
C.Â
Special exceptions and/or variances shall only be issued after the
Zoning Hearing Board has determined that the granting of such will
not result in (1) unacceptable or prohibited increases in flood heights,
(b) additional threats to public safety, (c) extraordinary public
expense, (d) create nuisances, (e) cause fraud or victimization of
the public, or (f) conflict with local laws or ordinances.
8.Â
Development Which May Endanger Human Life.
A.Â
The provisions of this § 507.8 shall be applicable, in
addition to any other applicable provisions of this Chapter, or any
other ordinance, code, or regulation and the provisions hereof shall
supersede any other provisions of this Chapter inconsistent herewith.
B.Â
In accordance with the Pennsylvania Floodplain Management Act, Act
of October 4, 1978, P.L. 851, No. 166, § 101, et seq., 32
P.S. § 679.101 et seq., as amended, and the regulations
adopted by the Department of Community Affairs as required by the
said Act, 16 Pa. Code. § 38.1 et seq., as amended, any new
or substantially improved structure (for purposes of this Section,
the word "structure" being defined as in said regulations adopted
by the Department of Community Affairs, as amended from time to time)
which will be used for the production or storage of any of the following
materials or substances, or which will be used for any activity requiring
the maintenance of a supply in a combined total quantity in excess
of 550 gallons or other comparable volume, or any amount of radioactive
substances, of any of the following materials or substances on the
premises, the following materials or substances being:
(1)Â
Acetone.
(2)Â
Ammonia.
(3)Â
Benzene.
(4)Â
Calcium carbide.
(5)Â
Carbon disulfide.
(6)Â
Celluloid.
(7)Â
Chlorine.
(8)Â
Hydrochloric acid.
(9)Â
Hydrocyanic acid.
(10)Â
Magnesium.
(11)Â
Nitric add and oxides of nitrogen.
(12)Â
Petroleum products (gasoline, fuel oil, etc.)
(13)Â
Phosphorus.
(14)Â
Potassium.
(15)Â
Sodium.
(16)Â
Sulphur and sulphur products.
(17)Â
Pesticides (including insecticides, fungicides and rodenticides).
(18)Â
Radioactive substances, insofar as such substances are not otherwise
regulated.
shall be subject to the provisions of this Section, in addition
to all other applicable provisions.
|
C.Â
Within any Floodway District (FW), any structure of the kind described
in § 506.8B above, shall be prohibited.
D.Â
Where permitted within any Flood-Fringe District (FF) or General
Floodplain District (FA), any structure of the kind described in § 507.8B
above shall be:
(1)Â
Elevated or designed and constructed to remain completely dry,
up to at least 1Â 1/2 feet above the one-hundred-year flood; and
(2)Â
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 contained
in the publication "Flood-Proofing Regulations" (U.S. Army Corps of
Engineers, June 1972), or with some other equivalent watertight standard.
|
E.Â
Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this Section.
F.Â
Freeboard requirements for the kind of development regulated by this
§ 507.8 of this Chapter, as amended, may be modified upon
the grant of a variance if the Zoning Board determines, in addition
to other requirements of a variance, that the applicant has demonstrated
as follows:
(1)Â
That there are unique physical circumstance, including such
things as exceptional topographical or other existing natural or man-made
conditions peculiar to the property.
(2)Â
That because of such physical circumstances and conditions,
the proposed substantial improvement cannot be reasonably designed
and constructed in compliance with the provisions of the applicable
requirements, and that a reduction is therefor necessary.
(3)Â
That failure to grant the request will result in exceptional
hardship to the applicant.
(4)Â
That approval of the request will not result in increased flood
heights within any designated floodway.
(5)Â
That approval of the request will not result in any additional
threat to public health and safety, result in any extraordinary public
expense, or create any nuisance.
(6)Â
That approval of the request will not result in any conflict
with any other applicable laws or regulations.
G.Â
Anything to the contrary in this Chapter notwithstanding, as provided
in the Floodplain Management Act, Act of October 4, 1978, P.L. 851,
No. 166, § 101, et seq., 32 P.S. § 679.101 et
seq., as amended from time to time, and specifically as per § 302,
32 P.S. § 679.302, as amended from time to time, the Pennsylvania
Department of Environmental Resources, or successor agency, shall
have jurisdiction pursuant to the said Floodplain Management Act to
regulate:
(1)Â
Any obstruction regulated under the Dam Safety and Encroachment
Act, 32 P.S. § 693.1 et seq., as amended from time to time.
(2)Â
Any flood control project constructed, owned or maintained by
a governmental unit.
(3)Â
Any highway or other obstruction, constructed, owned or maintained
by the Commonwealth or a political subdivision thereof.
(4)Â
Any obstruction owned or maintained by a person engaged in the
rendering of a public utility service, as those terms are defined
in § 104, Floodplain Management Act, 32 P.S. § 679.104,
as amended from time to time.
The Borough of Burnham shall, however, retain jurisdiction to
the extent that this Chapter is not inconsistent with or superseded
by the law and regulations related thereto granting and defining the
exclusive jurisdiction of the Department of Environmental Resources,
per the Floodplain Management Act, Act of October 4, 1978, P.L. 851,
No. 166, § 101, et seq., 32 P.S. § 679.101 et
seq., as amended from time to time, or otherwise.
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9.Â
ACCESSORY USE OR STRUCTURE
BASEMENT
BUILDING
COMPLETELY DRY SPACE
DEVELOPMENT
ESSENTIALLY DRY SPACE
FLOOD
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HISTORIC STRUCTURE
A.Â
B.Â
C.Â
D.Â
IDENTIFIED FLOODPLAIN AREA
LAND DEVELOPMENT
A.Â
(1)Â
(2)Â
B.Â
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
MINOR REPAIR
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
PERSON
RECREATIONAL VEHICLE
A.Â
B.Â
C.Â
D.Â
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL PERMIT
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
A.Â
B.Â
UNIFORM CONSTRUCTION CODE (UCC)
Definitions. The following words and terms, when used in Chapter 27, Part 5, § 507, Floodplain Districts, and Chapter 27, Part 6, § 610, Special Provisions Applying to Designated Floodplain Districts Floodplain (FP), and in relation to these floodplain provisions, shall have the meanings next ascribed to them.
[Added by Ord. 2006-3, 8/7/2006]
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
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.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse, and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The 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.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or 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;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The floodplain area specifically identified in this Chapter
as being inundated by the one-hundred-year flood.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this Chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
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.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after January 16, 1981, and includes any subsequent improvements
thereto.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has one-percent chance of occurring each year,
although the flood may occur in any year).
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is:
Built on a single chassis.
Not more than 400 square feet, measured at the largest horizontal
projections.
Designed to be self-propelled or permanently towable by a light-duty
truck.
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1Â 1/2 feet.
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.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all or a designated portion of a floodplain.
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.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
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.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
(or repetitive loss when a repetitive loss provision is used) regardless
of the actual repair work performed. The term does not, however include
either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the Commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.