[HISTORY: Adopted by the City Council of the City of Altoona 9-28-2016 by Ord. No. 5682; amended in its entirety 11-14-2018 by Ord. No. 5732. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction standards — See Ch. 270.
Planning — See Ch. 535.
Sewage facilities planning — See Ch. 580.
Stormwater management, erosion and sedimentation control — See Ch. 620.
Subdivision of land and land developments — See Ch. 640.
Zoning — See Ch. 800.
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Council of the City of Altoona does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A. 
Statement of intent. The purpose of this chapter is to promote the general health, welfare, and safety of the residents of the City through regulation of development in designated floodplains. More specifically, these regulations are designed to encourage the utilization of appropriate construction practices in order to prevent or minimize dangers to public health by protecting water supply and natural drainage from the effects of flooding; and to reduce financial burdens imposed on the City, its governmental units, and its residents by preventing excessive and inappropriate development in designated floodplains; and to comply with federal and state floodplain management requirements.
B. 
Warning and disclaimer of liability. The degree of flood protection sought by the provisions of these regulations is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur or 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 any identified floodplain area or that land uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Altoona or any officer or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.
C. 
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the chapter, which shall remain in full force and effect, and for this purpose, the provisions of this chapter are hereby declared to be severable.
D. 
Abrogation and greater restrictions. This chapter 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 the provisions of this chapter, the more restrictive shall apply.
E. 
Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the City of Altoona unless a permit has been obtained from the floodplain administrator.
F. 
Liability. This chapter shall not create liability on the part of the City of Altoona or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
A. 
General. The meanings of all words within this chapter shall be controlled by those listed in Subsection B below.
B. 
Specific definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure detached from a principal building, but located on the same lot. It serves a customarily incidental and subordinate use to the use of the lot as a whole of the principal building on the same lot. Floor area shall not exceed 200 square feet.
ACRE
An acre contains 43,560 square feet.
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "100-year flood").
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE (A1-30 previous mapping) and AH that indicate the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor below ground level on all sides.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN
Any land susceptible to being inundated by water from any source during the base flood, as shown on the most current floodplain maps prepared by the Federal Insurance Administration and approved by the Federal Emergency Management Agency (FEMA) for the purpose of determining the official federal designated floodplain or floodway. These maps are based on the most current Flood Insurance Study (FIS) prepared by FEMA: the study being the definitive source of floodplain information, particularly in regards to base flood elevations (BFEs) and floodway widths as reflected in the floodplain regulations of the City of Altoona and indicated on the Flood Insurance Rate Maps.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point.
FREEBOARD
A factor of safety usually expressed in feet above a BFE for purposes of floodplain management.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURES
Any structure that is:
(1) 
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;
(2) 
Certified or preliminarily determined by the Secretary on the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
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.
MANUFACTURED HOME
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.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective start date of this floodplain ordinance and includes any subsequent improvements to such structures. Any construction started after March 2, 1983, and before the effective start date of this floodplain ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Not more than 400 square feet, measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) plus a freeboard safety factor of 1 1/2 feet.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99 or AH.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) 
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
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief, by the City of Altoona, from the requirements of this chapter.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Title 44, Chapter 1, Part 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)[1] is presumed to be in violation until such time as that documentation is provided.
[1]
Editor's Note: See 44 CFR 60.3.
A. 
Designation of the floodplain administrator. The Office Engineer from the Public Works Department for the City of Altoona is hereby appointed to administer this chapter, and is referred to herein as the floodplain administrator. The floodplain administrator may fulfill the duties and responsibilities set forth in these regulations; delegate duties and responsibilities set forth in these regulations to qualified technical personal, plan examiners, inspectors and/or with the consent of the City Manager; or enter into a written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the City of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program.
B. 
Permits required. A permit shall be required before any construction or development is undertaken within the City of Altoona.
C. 
Duties and responsibilities.
(1) 
The floodplain administrator shall issue a permit only after it has determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter and all other applicable codes and ordinances.
(2) 
Upon submission of a floodplain area permit application and prior to the issuance of any building permit, the floodplain administrator shall review the application to determine if other governmental permits or approvals have been met. No floodplain area permit shall be issued until this determination is made. Other governmental permits, approvals or requirements shall include, but not be limited to, the following:
(a) 
Pennsylvania Sewage Facilities Act (Act 1966-537, as amended).[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(b) 
Pennsylvania Dam Safety and Encroachment Act (Act 1978-325, as amended).[2]
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
(c) 
Pennsylvania Stormwater Management Act (Act 1978-167, as amended).[3]
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
(d) 
Pennsylvania Clean Streams Act (Act 1937-394, as amended).[4]
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
(e) 
United States Clean Water Act (Section 404, 33 U.S.C. § 1334).
(f) 
The Altoona Planning Code.
(g) 
The 2009 International Building Code (or the latest edition thereof adopted by the Commonwealth of Pennsylvania).
(h) 
Title 34 of the Pennsylvania Code.
(i) 
Urban renewal plans and proposals of the City of Altoona.
(j) 
Street cut and driveway permit regulations of the City of Altoona.
(3) 
During the construction period, the floodplain administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. The floodplain administrator or authorized representative shall make as many inspections during and upon completion of the work as are necessary.
(4) 
In the discharge of his/her duties, the floodplain administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour, to enforce the provisions of this chapter.
(5) 
In the event the floodplain administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the floodplain administrator shall revoke the permit and report such fact to City Council for whatever action it considers necessary.
(6) 
The floodplain administrator shall maintain, in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this chapter, including, but not limited to, permitting, inspection and enforcement.
D. 
Determination of jurisdiction.
(1) 
Before any application for building permit, zoning permit, subdivision plan development plan, or other permit or plat is approved, it shall be reviewed to determine whether the property is entirely or partially within an identified floodplain area. Such review shall be in accordance with the Flood Insurance Rate Map as prepared by Federal Emergency Management Agency.
(2) 
All such applications for permit or plat approval shall be forwarded to the floodplain administrator before any review or action is undertaken.
(3) 
All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is lesser, in flood hazard areas where BFE data are not available shall be supported by hydrologic and hydraulic engineering analyses that determine BFE and floodway information. The analyses shall be prepared by a licensed engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
(4) 
Upon receipt of any such application, the floodplain administrator shall make one of the following determinations within 10 working days:
(a) 
The proposal is located within an identified floodplain area and an application must be made according to the requirements of the floodplain regulations.
(b) 
The proposed construction, development, use of land, or interior repair is located outside of the identified floodplain, and no floodplain area permit is required.
E. 
Application submission.
(1) 
If the floodplain administrator determines that any proposal is located entirely or partially within the identified floodplain area, then no permit shall be issued or plat approved until the applicant has adequately addressed all requirements contained within this chapter or submitted a site plan of the proposal showing its location to be entirely outside an identified floodplain area. Applicants for permits shall provide all necessary information in sufficient detail and clarity to enable the floodplain administrator to determine that:
(a) 
All such proposals are consistent with the need to minimize flood damage and conform to the requirements of this and all other applicable codes and ordinances;
(b) 
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; and
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(d) 
Structures will be anchored to prevent flotation, collapse, or lateral movement.
(e) 
Building materials are flood-resistant.
(f) 
Appropriate practices that minimize flood damage have been used.
(g) 
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.
(2) 
Applicants shall file the following minimum information, as required by the floodplain administrator, to make the above determination. All application forms are available in the offices of the floodplain administrator.
(a) 
A completed floodplain permit application form.
(b) 
Two sets of plans of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
[1] 
North arrow, scale, and date;
[2] 
Topographic contour lines, if available;
[3] 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[4] 
The location of all existing streets, drives, and other accessways; and
[5] 
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.
(c) 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:
[1] 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
[2] 
The elevation of the base flood;
[3] 
Detailed information concerning any proposed floodproofing measures and corresponding elevations; and
[4] 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC or the latest edition thereof adopted by the Commonwealth of Pennsylvania.
(d) 
Construction plans, showing the following:
[1] 
Footer/foundation elevations.
[2] 
Elevation of flood vents.
[3] 
Utility information with elevations.
(e) 
The name(s), signatures(s), and professional seal(s) of the surveyors(s)/engineer(s) that prepared the plan. The original seal is required on each sheet.
All application packages submitted under any provision of this chapter shall include the following elements:
A. 
Two completed and executed original application forms.
B. 
A project narrative which describes the project.
C. 
The appropriate filing fees as established by resolution of the City Council from time to time. Fees are due at time of submission of the application.
D. 
All plans submitted shall conform to the following requirements:
(1) 
The sheet size shall not exceed 24 inches by 36 inches but shall be at least 8 1/2 inches by 11 inches.
(2) 
The different types of plans shall be on separate sheets of paper, all of the same size.
E. 
Any additional information as required below or by the standards set forth in the text relating to the submittal.
F. 
Application review. Applications shall be reviewed in accordance with the procedures established below.
(1) 
All applications for floodplain area permits must be acted upon by the floodplain administrator within 30 calendar days of receipt. The decision of the floodplain administrator shall be in writing and shall be not later than 15 days following the decision.
G. 
Other review factors. In passing upon applications for floodplain area permits, the floodplain administrator shall have the right to review and approve or deny the permit based on the following relevant factors and procedures specified:
(1) 
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(2) 
The danger that materials may be swept on to other lands or downstream to the injury of others.
(3) 
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5) 
The importance of the services provided by the proposed facility to the community.
(6) 
The availability of alternative locations not subject to flooding for the proposed use.
(7) 
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(8) 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
(9) 
The safety of access to the property in times of flood of ordinary and emergency vehicles.
(10) 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(11) 
Such other factors which are relevant to the purpose of this chapter.
H. 
Supplemental technical review. The floodplain administrator may refer any application and accompanying documentation pertaining to any request for a floodplain area permit 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.
I. 
Application requirements.
(1) 
Each application shall be submitted to the City's Public Works Department on a form furnished by the Department. All associated fees shall accompany the application. The fees shall be in accordance with the prevailing fee resolution, as amended from time to time by the City. A copy is available at the City Clerk's office.
(2) 
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provision of the statute or ordinance relied upon.
(3) 
No building permit or floodplain area permit shall be issued for any construction, development, use of land, or interior repair until final approval of the application is granted by the floodplain administrator.
J. 
Application approval permit issuance.
(1) 
Floodplain area permits shall consist of a floodplain location/elevation permit and a floodplain/construction permit. These permits shall be issued contingent upon the requirements of these regulations and only after it is determined that all necessary requirements for issuing a building permit have been met. The procedure for these permits is as follows:
(a) 
Floodplain location and elevation permits shall be issued after a land survey is conducted by a registered surveyor/engineer to determine the location and elevation of any proposed construction, development, or use of land. The purpose of this permit is to ensure compliance with this chapter by determining the initial location and elevation of all improvements submitted according to the requirements of this chapter. The only activities that may be undertaken in conjunction with this permit are excavation, grading, filling, and foundation work. The floodplain location/elevation permit shall be issued only if all survey information complies with the requirements of this chapter. No construction, development, or use of land shall be undertaken within an identified floodplain area unless the above permit has been legally issued.
(b) 
Partial building permits shall be issued by the Building Inspector if all requirements for building codes and the floodplain location and elevation permit are satisfied.
(c) 
Floodplain/construction permits shall be issued only after all activities undertaken in conjunction with the floodplain location/elevation permit have been completed according to the requirements of this chapter. All activities proposed for the construction, development, or use of land, which are not permitted to be undertaken in conjunction with the floodplain location/elevation permit, shall be undertaken in conjunction with the floodplain/construction permit.
(d) 
Supplemental building permits shall be issued by the Building Inspector if all requirements and regulations for building codes and the floodplain/construction permit are satisfied.
(2) 
All requested change orders during construction, development, use of land, or interior repair governed by the provisions of this chapter must be approved, in writing, by the floodplain administrator. No approval by the floodplain administrator is necessary for any requested change order not governed by these provisions.
(3) 
No floodplain area permit shall be issued for any encroachment, alteration, or improvement of any kind within a watercourse until all adjacent municipalities which may be affected by such action have been notified by the City, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way. In addition, the Federal Insurance Administrator, Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the City prior to any alteration or relocation of any watercourse.
(4) 
After the issuance of a permit by the floodplain administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application, without the written consent or approval of the floodplain administrator. Requests for any such change shall be in writing and shall be submitted by the applicant to the floodplain administrator for consideration.
A. 
Schedule of inspections.
(1) 
During the construction period, the floodplain administrator and/or or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the building and floodplain area permit application and with all applicable municipal laws and ordinances. He shall make as many inspections, during and upon completion, of the work as are necessary. The permittee shall notify the officer 48 hours in advance of the completion of the following key development phases:
(a) 
At the completion of the preliminary site preparation, including elevation grading or fill, but prior to block or concrete foundation/footers being poured, to satisfy the requirements of the floodplain location/elevation permit.
(b) 
After block or concrete foundation/footers are poured, but prior to framing or block work, to satisfy the requirements of the floodplain construction permit.
(c) 
First floor elevation, if applicable, must be verified to satisfy the requirements of the floodplain construction permit.
(d) 
After flood openings are constructed or flood vents are installed, to satisfy the requirements of the floodplain construction permit.
(e) 
Utility elevations must be verified, to satisfy the requirements of the floodplain construction permit.
(2) 
In the discharge of his or her duties, the floodplain administrator and/or any authorized representative shall have the authority to enter any building, structure, premises, or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
For all work to be performed under this chapter the City may require the applicant to execute a developer agreement with the City setting forth the conditions of approval and such other matters deemed necessary for approving any application filed pursuant to this chapter. The developer's agreement, may at the option of the City, be recorded into the chain of title to the premises which is subject to the application. In addition, the City may require the posting of financial security in accordance with the Pennsylvania Municipality Planning Code, as amended from time to time.[1]
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
A. 
Time frame. Work on the proposed construction or development shall begin within 30 days after the date of issuance of the floodplain permit. Work shall be completed six months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, to the floodplain administrator.
B. 
Extension. Time extensions, requested by the applicant, shall set forth sufficient and reasonable cause for the floodplain administrator to approve such a request and the original permit is compliant with the chapter and FIRM/FIS in effect at the time the extension is granted.
A. 
As-built plans. Upon completion of any construction, development, use of land, or interior repair, the developer may be required to submit to the floodplain administrator, where necessary, one reproducible set or two copies of as-built plans for all such activities undertaken within the identified floodplain area.
B. 
Submission requirements. Once it has been determined that all construction, development, use of land, or interior repair have been completed in accordance with the requirements of this chapter, the floodplain administrator will require an elevation certificate to be submitted to the floodplain administrator.
(1) 
No zoning or building occupancy certificate shall be issued until after an elevation certificate has been received and the preceding requirements are met.
(2) 
No building situated in the floodplain area shall be permitted to have occupants until the builder, developer, or owner has secured an occupancy permit. The occupancy permit may be secured through application to the Building Inspector.
(3) 
If all requirements for issuance of an occupancy permit are satisfied, the Building Inspector shall issue said permit. If the request is denied, the builder, owner, or developer shall remedy the unsatisfactory condition and shall reapply for an occupancy permit.
A. 
Inspection. Upon presentation of proper credentials, duly authorized representatives of the City of Altoona may enter at reasonable times upon any property within the City of Altoona to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
B. 
No work shall commence on any subsequent phase until the preceding one has been inspected and approved. If there are deficiencies in any phase, the officer or inspector shall issue a written description of the required corrections and stipulate the time by which they must be made.
C. 
Violation. Whenever the floodplain administrator or authorized representative determines that there are reasonable grounds to believe that there has been a violation of any provisions herein, or of any regulations adopted pursuant thereto, the appropriate administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1) 
Be in writing;
(2) 
Include a statement of the reasons for its issuance;
(3) 
Allow a reasonable time, not to exceed a period of 30 days, for the performance of any act it requires:
(4) 
Be served upon the property owner or his or her agent, as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this commonwealth.
(5) 
Contain an outline of remedial action which, if taken, will affect compliance.
(6) 
The floodplain administrator shall notify all City departments of violations of this chapter and direct each department to take appropriate action if the violation of this chapter constitutes a violation of any other City ordinance.
D. 
Noncompliance. Upon failure to comply within the time specified, unless otherwise extended by the City of Altoona, the applicant, developer, owner or his/her agent shall be subject to the penalty provisions of this chapter. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this chapter may be declared, by the floodplain administrator, to be a public nuisance and abatable as such.
E. 
In the event the floodplain administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, such official may revoke any approvals given under this chapter.
A. 
Fines. Any person, partnership, or corporation failing to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order or direction of the floodplain administrator or any other authorized employee of the City of Altoona shall be guilty of an offense and, upon conviction, shall pay a fine to the City of Altoona of not less than $250 nor more than $1,000. All fines shall have added to them the costs incurred by the City for enforcement, including, but not limited to, court costs, attorneys' fees, professional fees to engineers, architects, surveyors, planners, landscape architects, or other design professionals, and expert witness compensation.
B. 
Time frame. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation. Under such circumstances, there shall be deemed to have been only one such violation until the fifth day following the date of the initial determination of a violation by the Magisterial District Judge; thereafter, each day that a violation continues shall constitute a separate violation.
C. 
Civil procedure. If the defendant neither pays nor timely appeals the judgment, the City may enforce the judgment pursuant to the applicable rules of civil procedure.
D. 
Action for equity. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter.
E. 
Compliance. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliance within 90 days.
F. 
Order of stay. The court of competent jurisdiction, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
G. 
Right to commence action. Nothing contained within this section shall be construed or interpreted to grant any person or entity other than the City the right to commence action for enforcement pursuant to this section.
H. 
Noncompliance. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this chapter may be declared by the City of Altoona as a public nuisance and abatable as such.
I. 
Jurisdiction. Magisterial District Judges shall have initial jurisdiction in proceedings brought under this section. The Zoning Hearing Board, City Council, or the Planning Commission do not have jurisdiction once the enforcement procedures contained in this section are initiated.
J. 
In addition to any other remedy available to the City of Altoona, the City may also seek remedies and penalties under applicable Pennsylvania statutes or regulations adopted pursuant thereto. Any activity conducted in violation of this chapter is declared a public nuisance by the City and abatable as such. The City may institute and maintain appropriate actions by law or equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises.
A. 
General. Any person aggrieved by any action or decision of the floodplain administrator concerning the administration of the provisions of this chapter may appeal to the Zoning Hearing Board by the following procedures.
(1) 
Application for appeals of these regulations shall be submitted, in writing, to the floodplain administrator on forms supplied by the City of Altoona, who, upon receipt, shall transmit said requests to the Zoning Officer.
(2) 
The Zoning Officer shall, within five working days, acknowledge receipt of all variation requests to the floodplain administrator.
(3) 
Should any request for variation require review and approval by the state or federal government, the Zoning Officer shall, within five working days, send a copy of said variation request to the appropriate governmental body or agency.
(4) 
All those charged with reviewing the request shall, within 15 working days, conduct such a review and transmit comments to the Zoning Officer to be forwarded to the Zoning Hearing Board for its consideration at the hearing.
(5) 
Failure to review the variance request and comment within the time allotted shall be deemed that the nonresponding official has no problems with the request. No time limits shall be placed upon federal or state governmental bodies or agencies except the outer time limits placed on hearings by the Municipalities Planning Code.[1]
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
(6) 
The Zoning Officer shall place the request for variance on the agenda of the Zoning Hearing Board in accordance with the normal procedures used for hearings. Should federal or state governmental comments or approvals be required before the Zoning Hearing Board acts upon the request, the hearing shall be opened but then continued until the first meeting following the receipt of any said comments or approvals.
(7) 
Upon hearing any request for variation of this chapter, the Zoning Hearing Board shall render a written decision within 45 days to the applicant, Zoning Officer, and the officials in Subsection A(1) above. Each decision shall be accompanied by findings of fact and conclusions based on this chapter and shall contain a reference to the provision relied on and the reasons why the decision is deemed appropriate in light of the facts found.
(8) 
Whenever a request for variation of this chapter is granted, the Zoning Hearing Board shall also notify the applicant, in writing, that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance; and
(b) 
Such variations may increase the risk to life and property.
B. 
Standard. If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the City of Altoona may, upon request, grant relief from the strict application of the requirements.
C. 
Variance procedures and conditions. Requests for variances shall be considered by the City of Altoona in accordance with the procedures contained in this section:
(1) 
No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE.
(2) 
No variance shall be granted for any construction, development, use, or activity within any AE Area without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3) 
No variance shall be granted for any of the other requirements pertaining specifically to development regulated by Subsections A through C of § 362-12, Development which may endanger human life.
(4) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(5) 
In granting any variance, the City of Altoona shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare and to achieve the objectives of this chapter.
(6) 
In determining whether to vary the order, requirement, decision or determination appealed from, the Zoning Board shall consider whether an equally good or better form of mitigation is available.
(7) 
Financial disadvantage of the property owner or developer is not in and of itself sufficient evidence of a need to permit any variance.
(8) 
No variance shall be granted permitting structures to be designed and constructed without the capacity to withstand the base flood.
(9) 
No variance shall be granted on the basis that compliance with this chapter will increase the cost of construction, development, use of land, or interior repair. The decision shall document the noneconomic basis for the grant of the variance.
(10) 
No variance of the regulations contained within this chapter shall be granted if said variation serves to abrogate the terms or requirements of any other federal, state, or local regulations and/or ordinances.
(11) 
Whenever a variance is granted, the Zoning Board shall notify the applicant in writing that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variances may increase the risks to life and property.
(12) 
In reviewing any request for a variance, the City of Altoona shall consider, at a minimum, the following:
(a) 
That there is good and sufficient cause.
(b) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
That the granting of the variance will:
[1] 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
[2] 
Create nuisances, cause fraud on or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(13) 
A complete record of all variance requests and related actions shall be maintained indefinitely by the City of Altoona. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
D. 
Flood resistant. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent annual chance flood.
E. 
Exercise of power. In exercising the above powers, the Zoning Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer or agency from whom the appeal was taken. Every change granted or denied shall be accompanied by written findings of fact based on sworn testimony and evidence, specifying the reason for granting or denying the variance. The decision of the Zoning Board shall be made a part of any plan approval.
A. 
Identification.
(1) 
The identified floodplain area shall be any areas in the City of Altoona classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 2, 2012, and issued by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
(2) 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the City of Altoona and declared to be a part of this chapter.
B. 
Description of floodplain areas.
(1) 
The floodway.
(a) 
Description. The area identified as the floodway in the FIS which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special floodplain areas where no floodway has been identified in the FIS.
(b) 
Special requirements.
[1] 
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
[2] 
No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection Regional Office.
(2) 
Special floodplain area.
(a) 
Description. The areas identified as Zones AE (A1-A30 previous mapping) in the FIS which are subject to inundation by the one-percent annual chance flood event determined by detailed methods and have base flood elevations (BFEs) shown.
(b) 
Special requirements.
[1] 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse unless a permit is obtained from the Department of Environmental Protection Regional Office.
[2] 
In special floodplain areas without a designated floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the BFE by more than one foot.
(3) 
Approximate floodplain area.
(a) 
Description. The areas identified as Zone A in the FIS which are subject to inundation by the one-percent annual chance flood event determined using approximate methodologies. Because detailed hydraulic analyses have not been performed, no BFEs or flood depths are shown.
(b) 
Special requirements.
[1] 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse unless a permit is obtained from the Department of Environmental Protection Regional Office.
[2] 
When available, information from other federal, state, and other acceptable sources shall be used to determine the BFE as well as a floodway area, if possible. When no other information is available, the BFE shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
[3] 
In lieu of the above, the City of Altoona 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 City of Altoona.
C. 
Changes in identification of area. The areas considered to be floodplain may be revised or modified by the City of Altoona where studies or information provided by a qualified agency or person document the need or possibility for such revision and shall follow the guidelines as set forth in these regulations and all applicable Federal Emergency Management Agency requirements. No modification or revision of any floodplain area identified in the Flood Insurance Study shall be made without prior approval from the Federal Emergency Management Agency. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the FEMA of the changes by submitting technical or scientific data.
D. 
Boundary disputes. Should a dispute arise concerning any identified floodplain boundary, an initial determination shall be made by the floodplain administrator, and any party aggrieved by this decision may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
A. 
Existing structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection B of this section shall apply.
B. 
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1) 
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the base flood.
(2) 
No expansion or enlargement of an existing structure shall be allowed within any AE Area without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to such extent or amount less than 50% of its market value does not constitute substantial improvement and therefore shall be elevated and/or floodproofed to the greatest extent possible (see § 362-3B, Definitions).
(4) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement (see § 362-3B, Definitions) and shall be undertaken only in full compliance with the provisions of this chapter.
A. 
General.
(1) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the City of Altoona and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
(2) 
In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified prior to any alteration or relocation of any watercourse.
(3) 
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this chapter, the entire Altoona Planning Code (this chapter), and any other applicable codes, ordinances, and regulations.
(4) 
Within six months of the completion of any new construction, development, or other activity resulting in changes in the BFE, submit technical or scientific data to FEMA for a letter of map revision (LOMR).
B. 
Special floodway requirements. Within any identified floodway area, the following provisions apply:
(1) 
Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights shall be prohibited.
(2) 
No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
C. 
Elevation and floodproofing requirements. In Zones A, AE (A1-30 previous mapping), and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the most recent revisions thereof, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized. Within any identified floodplain, all construction, development, use of land, and interior repair shall meet the following requirements:
(1) 
Residential structures. In Zones AE (A1-30 previous mapping), and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. See § 362-3B for regulatory flood elevation definition. In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 362-4B of this chapter.
(2) 
Nonresidential structures. In Zones AE (A1-30 previous mapping) and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(a) 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
(b) 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(c) 
[1]In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 362-4B of this chapter.
[1]
Editor’s Note: This subsection, formerly Subsection C(3), was redesignated 2-13-2019 by Ord. No. 5742.
(d) 
[2]Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the base flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" (published by the U.S. Army Corps of Engineers, June 1972, as amended March 1992), or 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.
[2]
Editor’s Note: This subsection, formerly Subsection C(4), was redesignated 2-13-2019 by Ord. No. 5742.
(3) 
[3]Space below lowest floor (residential properties):
(a) 
Basements are prohibited.
(b) 
Fully enclosed space below the lowest floor (excluding 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 "fully enclosed space" also includes crawl spaces.
(c) 
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 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.
[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.
[3]
Editor’s Note: This subsection, formerly Subsection C(5), was redesignated 2-13-2019 by Ord. No. 5742.
(4) 
[4]Accessory structures. Structures accessory to a principal building 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) 
Floor area shall not exceed 200 square feet.
(c) 
The structure will have a low damage potential.
(d) 
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(e) 
Power lines, wiring, and outlets will be at least 1 1/2 feet above the base flood elevation.
(f) 
Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited.
(g) 
Sanitary Sewer facilities are 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 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.
[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.
(i) 
For accessory structures that are 200 square feet, or larger, in area (footprint) and that are below base flood elevation, a variance is required as set forth in Article VIII. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy. No variances shall be granted for a proposed accessory structure that exceeds 600 square feet in size. A signed nonconversion agreement is required as a condition of receiving the variance.
[4]
Editor’s Note: This subsection, formerly Subsection C(6), was redesignated 2-13-2019 by Ord. No. 5742.
D. 
Design and construction standards. The following design and construction standards shall apply for all construction, development, use of land, and interior repair undertaken within any floodplain areas.
[Amended 2-13-2019 by Ord. No. 5742]
(1) 
Fill. If used, it shall:
(a) 
Extend laterally at least 15 feet beyond the building line from all points;
(b) 
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted;
(c) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(d) 
Be no steeper than one vertical to two horizontal feet, unless substantiated data justifying steeper slopes are submitted to and approved by the floodplain administrator;
(e) 
Be used to the extent to which it does not adversely affect adjacent properties; and
(f) 
When located within 50 feet of any identified floodway, all fill slopes shall be protected by rock riprap at a minimum of 18 inches thick or similar protective measures meeting Pennsylvania Department of Transportation or Natural Resources Conservation Service specifications.
(2) 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties and to control all stormwater discharge as prescribed by the Pennsylvania Stormwater Management Act 1978-167 and the City of Altoona Stormwater Management Ordinance[5] and to minimize reverse flow of water in systems caused by flooding conditions of outlet streams or drainageways.
[5]
Editor's Note: See Ch. 620, Stormwater Management, Erosion and Sedimentation Control, Article II, Stormwater Management.
(3) 
Water and sanitary sewer facilities systems:
(a) 
All new or replacement water and sanitary sewer facilities and systems shall be located, designed, and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c) 
No part of any on-site sewage system shall be located within any floodplain, 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 and contamination from it during a flood.
(d) 
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities from Flood Damages" and The International Private Sewage Disposal Code shall be utilized.
(4) 
Other utilities. All other utilities such as gas lines, electrical, and telephone systems shall be located, elevated (where possible), and constructed to minimize the change of impairment during a flood.
(5) 
Streets and parking areas. The finished elevation of all new streets and parking areas shall be no more than one foot below the regulatory flood elevation.
(6) 
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 362-16. Development which may endanger human life shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7) 
Placement of buildings and structures.
(a) 
All buildings and structures shall be designed, located, and constructed so as to offer minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(b) 
The following shall not be placed or caused to be placed in floodway areas: fences, except two-wire fences, and other structures or other matter which may impede, retard, or change the direction of the flow of water, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream or floodwaters would carry the same downstream to the damage or detriment of either public or private property adjacent to these flood-prone areas.
(8) 
Anchoring.
(a) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(9) 
Floors, walls, and ceilings:
(a) 
Wood floorings used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
(b) 
All finished flooring at or below the regulatory flood elevation shall be made of materials which are stable and resistant to water damage resulting from submersion.
(c) 
All carpeting or carpet cushions employed as a finished flooring surface at or below the regulatory flood elevation shall be made of materials which are resistant to water damage resulting from submersion.
(d) 
Plywood used at or below the regulatory flood elevation shall be of an exterior or marine grade and of a water-resistant or waterproof variety.
(e) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(f) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(10) 
Paints and adhesives.
(a) 
Adhesives used at or below the regulatory flood elevation shall have a bonding strength that is unaffected by inundation and be of marine or water-resistant quality.
(b) 
All wooden components (doors, trim, cabinets, etc.) used below the regulatory flood elevation shall be finished with a waterproof or marine paint or similar product.
(c) 
Paints and other finishes used at or below the regulatory flood elevation shall be capable of surviving inundation and be of marine or water-resistant quality.
(11) 
Electrical components.
(a) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(b) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(12) 
Equipment. Water heaters, furnaces, plumbing systems, air-conditioning and ventilating units, and other electrical, mechanical, or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(13) 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(14) 
Special requirements for recreational vehicles. Recreational vehicles in A, AE (A1-30 previous mapping), and AH Zones must:
(a) 
Be on the site for less than 180 consecutive days;
(b) 
Be fully licensed and ready for highway use.
A. 
General. The location of many types of development or activity within any floodplain area may produce unnecessary dangers for the residents of the City of Altoona and surrounding communities. As a result, this section specifies the activity and/or development that is prohibited within any floodplain. No variance shall be granted.
B. 
Prohibited activities. 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 which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume) of any of the following dangerous materials or substances, or any amount of radioactive substances, on the premises shall be prohibited in any floodplain:
(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) 
Sulfur and sulfur products.
(17) 
Pesticides (including insecticides, fungicides, and rodenticides).
(18) 
Radioactive substances, insofar as such substances are not otherwise regulated.
C. 
Prohibited development. The following types of development or use of land are prohibited if located entirely or partially within any floodplain:
(1) 
Hospitals (public or private).
(2) 
Nursing homes (public or private).
(3) 
Jails or prisons.
(4) 
New and replacement manufactured homes in manufactured home parks and manufactured home subdivisions and substantial improvements to existing manufactured homes and home parks.
[Amended 2-13-2019 by Ord. No. 5742]