A.
Declaration of specific intent. The purpose of intent of these provisions
are to prevent the following: loss of property and life, the creation
of health and safety hazards, the disruption of commerce and governmental
services, the extraordinary and unnecessary expenditure of public
funds for flood protection and relief and the impairment of the tax
base by:
(1)
Regulating uses, activities and developments which, acting along
or in combination with other existing or future uses, activities and
development, will cause unacceptable increases in flood heights, velocities
and/or frequencies.
(2)
Restricting or prohibiting certain uses, activities and development
from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and developments that do occur
in flood-prone areas to be protected and/or floodproofed against flooding
and flood damage.
(4)
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
B.
Applicability. These provisions shall apply to lands within the jurisdiction
of the City of Lock Haven shown on the official Flood Insurance Rate
Map (FIRM) of the City of Lock Haven as being located within the boundaries
of the Floodplain District.
C.
Compliance. No parcel of land shall hereafter be used and no structure
shall be located, relocated, constructed, reconstructed, enlarged
or structurally altered except in full compliance with the terms and
provisions of this chapter and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this chapter.
D.
Prior to the issuance of any building permit, the Building Code Officer
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[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] and the U.S. Clean Water Act, § 404, 33 U.S.C.
§ 1344. No permit shall be issued until this determination
has been made.
E.
Interpretation of district boundaries. Where interpretation is needed
concerning the exact location of any boundary of or regulatory elevation
within the Floodplain District, the Zoning Hearing Board shall make
the necessary determination. In making such determinations, the Planning
Commission shall review each case under the advisement of the City
Engineer, City Planner and Code Enforcement Officer, and shall report
its findings to the Zoning Hearing Board within 30 days of receipt
thereof. The persons questioning or contesting the district boundary
or regulatory elevation shall be given a reasonable opportunity to
present his case to the Zoning Hearing Board and to submit technical
evidence. The Zoning Hearing Board shall render a written decision
within 45 days after the last hearing before the Board.
F.
Repealer and savings clause. All ordinances or parts of ordinances
inconsistent with the provisions of this chapter are hereby repealed.
It is the intent that this shall establish complete and exclusive
floodplain management rules and regulations pertaining to construction,
alteration, removal, demolition, equipment, use and occupancy and
location and maintenance of buildings and structures and other development
in the Floodplain District. Nothing contained in this chapter shall
be construed to repeal any local or special law which is not contrary
to this chapter.
G.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This chapter
does not imply that areas outside the floodplain districts, or that
land uses permitted with such districts will be free from flooding
or flood damages.
(2)
This chapter shall not create liability on the part of the City of
Lock Haven or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decisions
lawfully made hereunder.
H.
Partial invalidity and severability. If any section, subsection,
paragraph, sentence, clause, or phrase of this article should be declared
invalid for any reason whatsoever, such decision shall not affect
the remaining portion of this article, which shall remain in full
force and effect, and for this purpose, the provisions of this article
are hereby declared to be severable.
I.
Abrogation and greater restrictions for floodplain areas. This article
supersedes any other conflicting provisions which may be in effect
in identified floodplain areas. However, any other article provisions
shall remain in full force and effect to the extent that those provisions
are more restrictive. If there is any conflict between any of the
provisions of this article, the more restrictive shall apply.
A.
The identified floodplain area shall be any areas of the City of
Lock Haven, subject to the one-hundred-year flood, which is identified
as Zone A (Area of Special Flood Hazard) in the Flood Insurance Study
(FIS) dated September 29, 2008, and the accompanying maps, or the
most recent revision thereof as issued by the Federal Emergency Management
Agency, including all digital data developed as part of the Flood
Insurance Study.
B.
The Floodplain District shall be an overlay to the existing underlying
districts as shown on the Official Zoning Map and, as such, the provisions
for the Floodplain District shall serve as a supplement to the underlying
district provisions. 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. Where there happens to be any conflict
between the provisions or regulations of the Floodplain District,
the more restrictive provisions and/or those pertaining to the Floodplain
District shall apply.
C.
The identified floodplain area shall consist of the following specific
areas:
(1)
FW (Floodway Area). The areas identified as "Floodway" in the AE
Zone in the Flood Insurance Study prepared by the FEMA. The term shall
also include floodway areas which have been identified in other available
studies or sources of information for those floodplain areas where
no floodway has been identified in the Flood Insurance Study.
(2)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
study, 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 in the flood profiles contained in the Flood Insurance Study.
(3)
FA (General Floodplain Area). The areas identified as Zone A in the
FIS for which no one-hundred-year flood elevations have been provided.
When available, information from other federal, state, and other acceptable
sources shall be used to determine the one-hundred-year elevation,
as well as a floodway area, if possible. When no other information
is available, the one-hundred-year elevation shall be determined by
using a point on the boundary of the identified floodplain area which
is nearest the construction site in question.
In lieu of the above, the City 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 City officials.
In order to prevent excessive damage to buildings and structures
due to conditions of flooding, the following restrictions shall apply
to all new construction and substantial improvements and other development
occurring in the designated Floodplain District. Said restrictions
are intended to supplement the applicable building code, electrical
code, plumbing code, building maintenance code and this chapter of
the City of Lock Haven; and to the extent these are more restrictive,
they shall supersede said codes and ordinances.
A.
Residential structures. Within any identified floodplain area, any
new construction or substantial improvement of a residential structure
shall have the lowest floor (including basement) elevated at least
one foot above the regulatory flood elevation.
B.
Nonresidential structures.
(1)
Within any identified floodplain area, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated at least one foot above the regulatory
flood elevation or be designed and constructed so that the space enclosed
by such structure shall remain either completely or essentially dry
during any flood up to that height.
(2)
Any nonresidential structure or any part thereof, having a lowest
floor which is not elevated to at least one foot 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 standard.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(2)
Partially enclosed space below the lowest floor (including basement)
which will be used solely for the parking of a vehicle, building access
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "partially enclosed space" also includes crawl spaces. Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect, or meet or exceed the following
minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
D.
Fill. If fill is used to raise the finished surface of the lowest
floor one foot above the elevation of the one-hundred-year flood:
(1)
The top of the fill shall extend 15 feet beyond the building line
from all points.
(2)
Fill shall consist of soil or small materials only. Sanitary landfills
shall not be permitted. Fill shall be compacted to provide the necessary
permeability and resistance to erosion, scouring or settling.
(3)
Fill slopes shall be not steeper than one vertical to two horizontal,
unless substantiating data justifying steeper slopes, are submitted
to and approved by the City Code Enforcement Officer or the City Engineer.
(4)
Fill shall be used only to the extent to which it does not adversely
affect adjacent properties.
E.
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 and shall be designed to have a minimum
effect upon the flow and height of flood water as determined by the
City Engineer.
F.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted practices to prevent flotation, collapse or lateral
movement, thus reducing and decreasing the possibility of the blockage
of bridge openings and other restricted sections of the watercourse.
(2)
All air ducts, large pipes and storage tanks located at or below
the first floor level shall be firmly anchored to prevent flotation.
G.
Floors, walls, and ceilings.
(1)
Wood flooring used below an elevation of one foot above the regulatory
flood elevation shall be installed to accommodate a lateral expansion
of the flooring, perpendicular to the flooring grain, without incurring
structural damage to the building.
(2)
All finished flooring below an elevation of one foot above the regulatory
flood elevation shall be made of materials which are stable and resistant
to water damage resulting from submersion.
(3)
Plywood used below an elevation of one foot above the regulatory
flood elevation shall be an "exterior" or "marine" grade and of water-resistant
or waterproof variety.
(4)
Basement ceilings below an elevation of one foot above the regulatory
flood elevation shall have sufficient wet strength and be so installed
as to survive inundation.
(5)
Window frames, door frames and door jambs used at or below the lowest
floor level shall be made of metal.
H.
Electrical systems.
(1)
All electrical water heaters, electrical furnace, electrical air
conditioners and ventilation systems and other electrical installations,
except electrical meters, shall be permitted only at elevations of
one foot or more above the level of the one-hundred-year flood. Electrical
meters shall be installed in a location which provides the highest
elevation consistent with reasonable readability; however, in no case
shall meters be installed at less than six feet above the ground level.
All meters installed shall be resistant to flood damage and be constructed
by methods and practices that minimize flood damage.
(2)
No electrical distribution panels shall be allowed at an elevation
less than three feet above the level of the one-hundred-year flood.
(3)
Electrical circuits serving areas below the regulatory flood elevation
shall be separate circuits and shall be dropped from above.
(4)
Underground electrical wires shall be permitted to buildings and
establishments within the floodplain only if said electrical wires
and the installation thereof meet the requirements of the utility
company serving said buildings or establishments.
I.
Plumbing.
(1)
Water heaters, furnaces and other mechanical equipment shall be permitted
only at elevations of one foot or more above the level of the one-hundred-year
flood.
(2)
No part of any on-site sewage disposal system shall be constructed
within the Floodplain District.
(3)
Water supply systems and sanitary sewage systems shall be designed
to preclude the infiltration of floodwaters into the systems and discharges
from the systems into floodwaters. Additional provisions shall be
made for the drainage of these systems in the event that floodwater
infiltration occurs.
J.
Paints and adhesives.
(1)
Adhesives used below an elevation of one foot above the regulatory
flood elevation shall have a bonding strength that is unaffected by
inundation.
(2)
Door and all wood trim used below an elevation of one foot above
the regulatory flood elevation shall be sealed with a waterproof paint
or similar product.
(3)
Paints or other finishes used below an elevation of one foot above
the regulatory flood elevation shall be sealed with a waterproof paint
or similar product.
K.
Storage. No materials that are buoyant, flammable, explosive or,
in times of flooding, could be injurious to human, animal or plant
life, shall be stored below an elevation of one foot above the one-hundred-year
flood unless they are properly anchored and/or floodproofed to preclude
their causing damage to life and property.
L.
M.
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.
A.
The Pennsylvania Department of Community and Economic Development
administrative regulations implementing Act 166,[1] the Pennsylvania Department of Community and Economic
Development, Strategic Planning and Operations Office, have listed
the following materials and substances as dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzine.
(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.
(18)
Radioactive substances.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Any property that will be used for the production and storage of
any of the above hazardous materials or substances when located in
identified flood-prone areas or which will be used for any activity
requiring the maintenance of a supply (including any amount of radioactive
substances of more than 550 gallons or other comparable volume) of
any such materials or substances on the premises shall be:
C.
In addition, the City 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.
Permits, information and certification. To insure that the aforementioned
flood damage controls are being employed in all new construction within
the Floodplain District, the Code Enforcement Officer shall provide
the applicant with the location of the proposed construction with
respect to the district limits and the water surface elevation of
the one-hundred-year flood at the proposed construction site. Building
permits shall be required before any new construction, reconstruction,
expansion, alteration, renovation or extension of a building or structure
or any other development activity proposed to take place in the Floodplain
District.
(1)
The Code Enforcement Officer shall require the following specific
information to accompany all applications for a building permit:
(a)
The accurate location and elevation of the one-hundred-year
floodplain and floodway.
(b)
The elevation, in relation to the datum referenced on the effective
maps, of the lowest floor, including basements.
(c)
The elevation, in relation to the datum referenced on the effective
maps, to which all structures and utilities will be floodproofed or
elevated.
(d)
A plan which details size of structure, finished ground elevation,
lowest floor elevation, level to which the structure is floodproofed,
hydrostatic flood load on walls and floors, types of walls and floor
construction, material and finishes, power source and elevations,
water supply, sanitary facilities and all floodproofing measures.
(e)
Where floodproofing is proposed to be utilized for a particular structure, the zoning permit application shall be accompanied by a document certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania, or a licensed professional architect registered by the Commonwealth of Pennsylvania certifying that the floodproofing methods proposed when required by this chapter and as enumerated in § 410-85 are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base one-hundred-year flood. Copies of such certificates shall be maintained in the Office of the Code Enforcement Officer.
B.
Altered or relocated watercourse. When an applicant is proposing
to alter or relocate a watercourse, a riverine situation within the
City of Lock Haven, the Code Enforcement Officer shall require the
notification be given to all adjacent communities and the Pennsylvania
Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands, and also to Department of Community and Economic Development
(DCED), Strategic Planning and Operations office. Copies of such notifications
shall be submitted to the Federal Insurance Administration. Such watercourse
alteration or relocation shall not impede the flood-carrying capacity
of the watercourse involved.
C.
Review by the County Conservation District. A copy of all plans for
development of the Floodplain District over one acre in size to be
considered for approval shall be submitted by the Building Official
to the Clinton County Conservation District for review and comment
prior to the issuance of a permit. The recommendation of the Soil
Conservation District may be incorporated into the plan to provide
for protection against predictable hazards.
D.
Review of application by other. A copy of all plans and applications
for new construction in the identified flood-prone areas to be considered
for approval may be submitted by the Code Enforcement Officer to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
City Engineer, etc.) for review and comment.
E.
Nonconformities. A structure or use of a structure or premises which
lawfully existed at the time of the enactment of these provisions
may be continued, subject to the following conditions: the modification,
alteration, repair, reconstruction, or improvement of any kind to
a conformity (structure and/or use), to an extent of amount of 50%
or more of the market value shall be considered a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this and any other applicable ordinance. No expansion or enlargement
of an existing structure shall be allowed within the floodway area
that would cause any increase in the elevation of the one-hundred-year
flood.
F.
Variances.
(1)
The Zoning Hearing Board may authorize, upon appeal, in specific
cases, such variances from the terms of this chapter that will not
be contrary to the public interest, where owing to special conditions,
a literal enforcement of the provisions of this chapter will result
in unnecessary hardship, and so that the spirit of this chapter shall
be observed and substantial justice done. Any variances issued under
the terms of this article are for floodplain management purposes only,
and any such variances shall not be construed as modification of flood
insurance premium rates. The Board may grant a variance, provided
the following findings are made where relevant in a given case:
(a)
The variance, if authorized within the designated floodway,
will not cause any increase in flood levels of the one-hundred-year
regulatory flood.
(b)
That the variance, if authorized, shall be generally limited
to a lot size less than 1/2 contiguous to and surrounded by lots with
existing structures constructed below the one-hundred-year flood level.
(c)
That there is a showing of good and sufficient cause, a determination
that failure to grant the variance would result in exceptional hardship
to the applicant, a determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with other City
ordinances.
(d)
That the variance, if authorized, shall represent the minimum
necessary, considering the flood hazard, to afford relief.
(2)
The Zoning Hearing Board, upon receipt of the application for a variance
to provisions of this chapter, shall notify the applicant in writing
that:
(3)
The Zoning Hearing Board shall maintain a record of all variance
actions, including justification for their issuance, notification
records and report such variance issued in the City's annual report
to the Federal Insurance Administration.
A.
General. In accordance with the Pennsylvania Department of Community
and Economic Development's administrative regulations implementing
Act 166, the Pennsylvania Floodplain Management Act,[1] the following obstructions and activities are prohibited
if located entirely or partially within an identified flood-prone
area unless a special permit is issued.
(1)
Hospitals (public or private).
(2)
Nursing homes (public or private).
(3)
Jails or prisons.
(4)
New mobile home parks and mobile home subdivisions and substantial
improvements thereto.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Special permit application requirement. Application for a special
permit shall consist of at least five copies of the following items:
(1)
A written request, including a completed 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)
A map, which may be drawn at a smaller scale, of the general
area of the municipality, which provides enough information to enable
a person who is unfamiliar with the municipality to accurately determine
the location of the site or property involved.
(c)
Topography based upon the datum referenced on the effective
maps, showing existing and proposed contours at intervals of two feet.
(d)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet.
(e)
The location of all existing streets, drives and other accessways,
with information concerning widths, pavement types and construction,
and elevations.
(f)
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.
(g)
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.
(h)
A general plan of the entire site accurately showing the location
of all proposed buildings, structures, utilities and any other improvements.
(3)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floodplains, sections and exterior building elevations,
as appropriate.
(b)
The proposed finished floor elevations of any proposed building.
(c)
Complete information concerning the hydrostatic and hydrodynamic
forces and pressures that will exist during the course of a one-hundred-year
flood, including impact loads.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Cross-section drawings for all proposed streets, drives and
vehicular accessways, including existing and proposed grades.
(f)
Profile drawing for all proposed streets, drives and vehicular
accessways, including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems and other utilities and facilities.
(4)
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 material
and debris may have on one-hundred-year flood elevations and flows.
(f)
The appropriate component of the Department of Environmental
Protection, Bureau of Dams, Waterways and Wetlands 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.
(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.
Review of application for special permit. Upon receipt of an application
for a special permit by the City, the following procedures shall apply:
(1)
Within three working days following receipt of the application, all
accompanying documentation shall be forwarded to the County Planning
Commission by registered or certified mail for its review and recommendations.
(The City may send any comments it may have concerning the application
to the City and the Pennsylvania Department of Community and Economic
Development, Strategic Planning and Operations Office. Copies of the
application shall also be forwarded to the City Planning Commission
and City Engineer for review and comments.
(2)
If any application is received that is incomplete, the City shall
notify the applicant in writing, stating in what respects the application
is deficient.
(3)
When an application is approved, the City shall file written notice
of such approval, together with the application and all pertinent
information, with the Pennsylvania Department of Community and Economic
Development, Strategic Planning and Operations Office, within five
working days after approval by registered or certified mail.
(4)
A special permit shall be issued for activities to be undertaken
in connection with that proposed in the approved application. But
no work shall commence within 30 days after the notice has been received
by the Department.
(5)
If the Department notifies the City and the applicant, in writing, that the application is disapproved within the thirty-day period mentioned in § 410-83, the special permit shall not become effective.
(6)
Review by the Department will be limited to checking for compliance
with the requirements of the Act and this chapter.
(7)
If the special permit is disapproved by the Department, it shall
notify the City and applicant, in writing, by registered or certified
mail, of its reasons for disapproval.
D.
Special technical requirements.
(1)
In addition to the requirements of this section, the following minimum
requirements shall also apply. If there is any conflict between any
of the following requirements and those in this section, or in any
other code, ordinance or regulation, the more restrictive provision
shall apply.
(2)
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. 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 first floor elevation 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 any 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. All
hydrologic and hydraulic analyses shall be undertaken only by professional
engineers or others of demonstrated qualifications, who shall certify
that the technical concepts, studies analysis, computations, etc.,
shall be submitted in sufficient detail to allow a thorough technical
review by the City and the Pennsylvania Department of Community and
Economic Development, Strategic and Planning Office.
(c)
In approving any application for a special permit, the City
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.
