City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg 7-8-2014 by Ord. No. 5-2014.[1] Amendments noted where applicable.]
CROSS REFERENCES
Floodplain management — see Pennsylvania Flood Plain Management Act of 1978, 32 P.S. § 679.101 et. seq.
Construction floodproofing — see City of Harrisburg Building Code.
Subdivision floodplain provisions — see Chapter 7-509 in Subdivision and Land Development Code.
[1]
Editor's Note: This ordinance also repealed former Part Three, 7-300, composed of Ord. Nos. 112-1964, 17-1965, 79-1965, 13-1974, 29-1974, 30-1974, 13-1977, 26-1977, 19-1985, 6-1988, 25-1993, 26-1995, 10-1996, 61-1996 and 3-2012, as amended.

§ 7-315.1 Purpose.

The City of Harrisburg is subject to periodic flooding which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief. 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. The purpose of this chapter is to:
A. 
Promote the general health, safety, and welfare of the community;
B. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;
C. 
Minimize danger to public health by protecting water supply and natural drainage;
D. 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding; and
E. 
Comply with federal and state floodplain management requirements.
[1]
Editor's Note: Editor's Note: See 32 P.S. § 679.101 et seq.

§ 7-315.2 Applicability.

This chapter shall apply to all lands shown on the City of Harrisburg Floodplain Map which is adopted as part of the City of Harrisburg Zoning Code, as further described under Section 7-315.8, Identification of Floodplain Areas, referred to otherwise as the "Floodplain Overlay District." The Floodplain Overlay District overlays the underlying zoning districts, and this chapter supplements the regulations found elsewhere in the Zoning Code applicable to the underlying districts. It shall be unlawful for any persons, partnership, business, or corporation to undertake, or cause to be undertaken, any construction or development anywhere in the City of Harrisburg unless a zoning permit has been obtained from the Zoning Officer/Floodplain Administrator.

§ 7-315.3 Definitions.

For purposes of this chapter, the terms that follow shall have the definitions indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates 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.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
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
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency 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 AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
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.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after April 26, 1977 (date on which City's first floodplain management ordinance was adopted), and includes any subsequent improvements thereto. Any construction started after April 26, 1977, and before August 2, 2012, 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.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
Not more than 400 square feet, measured at the largest horizontal projections;
C. 
Designed to be self-propelled or permanently towable by a light-duty truck;
D. 
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.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
SPECIAL EXCEPTION PERMIT
A special approval which is required for hospitals, when such development is located in all, or a designated portion of a floodplain.
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, A1-30, AE, A99, or AH.
START OF CONSTRUCTION
Work on the proposed construction or development shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start of construction 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.
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
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" or "repetitive loss" regardless of the actual repair work performed. The term does not, however, include 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.
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter must comply with all chapter requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific chapter requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from chapter requirements will be the minimum necessary to preserve the historic character and design of the structure.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
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 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

§ 7-315.4 Compliance.

The use of any structure or land shall hereafter not be changed and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations, including state and federal requirements, which would apply to uses within the jurisdiction of this chapter.

§ 7-315.5 Abrogation and greater restrictions.

It is not intended by this chapter to repeal, abrogate, or impair the other chapters of the Zoning Code. However, where this chapter imposes greater restrictions, provisions of this chapter shall prevail. All other provisions of the Zoning Code, not inconsistent herewith, shall remain in full force and effect. This chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other Zoning Code 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 chapter, the more restrictive shall apply.

§ 7-315.6 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.

§ 7-315.7 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific 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 areas, or that land uses permitted or land uses permitted within the Floodplain Overlay Zoning District will be free from flooding or flood damage. This chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision made thereunder.

§ 7-315.8 Identification of floodplain areas.

The identified floodplain areas shall be any areas of the City of Harrisburg, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated August 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.
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the City of Harrisburg and declared to be part of this Zoning Code. Furthermore, any future regulations developed by FEMA and required for compliance with federal and/or state legislation are hereby adopted by the City of Harrisburg and declared to be part of this Zoning Code.

§ 7-315.9 Description of floodplain areas.

A. 
Floodway Area.
(1) 
Description. The Floodway Area is the area identified 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.
(2) 
Special requirements. Any encroachment that would cause any increase in flood heights shall be prohibited. No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.
B. 
Special Floodplain Area.
(1) 
Description. The Special Floodplain Area is the area identified as Zones AE and A1-30 in the FIS which is subject to inundation by the one-percent-annual-chance flood event determined by detailed methods and where base flood elevations (BFEs) are shown.
(2) 
Special requirements. 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.
(3) 
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.
C. 
Approximate Floodplain Area.
(1) 
Description. The Approximate Floodplain Area is the area identified as Zone A in the FIS which is 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.
(2) 
Special requirements. 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.
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.
In lieu of the above, the City of Harrisburg 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 Harrisburg.
D. 
Shallow Flooding Area.
(1) 
Description. The Shallow Flooding Area is identified as Zones AO and AH in the FIS. These areas are subject to inundation by one-percent-annual-chance shallow flooding where average depths are between one foot and three feet.
(2) 
Special requirements. Drainage paths must be established to guide floodwaters around and away from structures on slopes.

§ 7-315.10 Changes in identification of area.

The identified floodplain area may be revised or modified by the City Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes by submitting technical or scientific data.

§ 7-315.11 Boundary disputes.

The boundaries of the Floodplain Overlay Zoning District shall be determined by the City of Harrisburg Floodplain Map and any additional floodplain areas identified in § 7-315.8, which is part of the Official Zoning Map. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Floodplain Administrator. Any applicant may appeal the decision or determination of the Floodplain Administrator to the Zoning Hearing Board. The burden of proof shall be on the applicant.

§ 7-315.12 Designation of Floodplain Administrator.

The Zoning Officer shall administer and enforce this chapter in the same manner as any other provision of this Zoning Code. All permits and approvals under this chapter are issued on the condition that the activities comply with the plans and applications that were submitted. For purposes of this chapter, the Zoning Officer is referred to herein as the Floodplain Administrator.

§ 7-315.13 Duties of Floodplain Administrator.

A. 
The Floodplain Administrator shall issue a zoning permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
B. 
Prior to the issuance of any permit, the Floodplain Administrator 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); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[1] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq. , 32 P.S. § 693.1 et seq. and 35 P.S. § 691.1 et seq., respectively.
C. 
In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.
D. 
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. He/she shall make as many inspections during and upon completion of the work as are necessary.
E. 
In the discharge of 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.
F. 
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.
G. 
The Floodplain Administrator shall maintain all records associated with the requirements of this chapter including, but not limited to, permitting, inspection and enforcement.
H. 
The Floodplain Administrator is the official responsible for submitting an annual report to the FEMA concerning the community participation in the National Flood Insurance Program.
I. 
The responsibilities and duties of this position can be delegated from the person identified as Floodplain Administrator. However, the ultimate responsibility lies with the person/position identified in this chapter as the floodplain administrator/manager.
J. 
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.

§ 7-315.14 Zoning permit.

A. 
A zoning permit shall be required before any construction or development is undertaken within any Floodplain Area.
B. 
Application for a zoning permit shall be made, in writing, to the Floodplain Administrator on forms furnished by the City and shall include the following where applicable:
(1) 
Name and address of applicant.
(2) 
Name and address of owner of land on which proposed construction is to occur.
(3) 
Name and address of contractor.
(4) 
Site location including address.
(5) 
Listing of other permits required.
(6) 
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.
(7) 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
C. 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(1) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(2) 
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4) 
Structures will be anchored to prevent flotation, collapse, or lateral movement;
(5) 
Building materials are flood-resistant;
(6) 
Appropriate practices that minimize flood damage have been used; and
(7) 
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.
D. 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
(1) 
A completed permit application form.
(2) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a) 
North arrow, scale, and date;
(b) 
Topographic contour lines, if available;
(c) 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
(d) 
The location of all existing streets, drives, and other accessways; and the location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
(3) 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(a) 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
(b) 
The elevation of the base flood;
(c) 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC.
(4) 
The following data and documentation:
(a) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood;
(b) 
Detailed information concerning any proposed floodproofing measures and corresponding elevations;
(c) 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any special floodplain area when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point;
(d) 
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood; such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development;
(e) 
Detailed information needed to determine compliance with § 7-315.24F, Storage, and § 7-315.25, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 7-315.24F and 7-315.25 which are intended to be used, produced, stored or otherwise maintained on site.
[2] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 7-315.25 during a base flood.
(f) 
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development; and
(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.
(5) 
Applications for permits shall be submitted contemporaneously with the application for building permits and are subject to a combined fee payable to the City of Harrisburg, based upon the estimated cost of the proposed construction as set forth in § 8-101.4 of the Codified Ordinances.

§ 7-315.15 Review by County Conservation District.

A copy of all applications for any proposed construction or development in any identified floodplain area to be considered for approval by the Floodplain Administrator shall be submitted to the Dauphin County Conservation District, if applicable, for review and comment prior to the issuance of any zoning permit. The recommendations of the Dauphin County Conservation District, if applicable, shall be included in the staff report for the Harrisburg Planning Commission and forwarded to the Floodplain Administrator for a decision.

§ 7-315.16 Review of application by others.

A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate City officials, agencies and/or other individuals for review and comment.

§ 7-315.17 Changes.

After the issuance of a zoning 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.

§ 7-315.18 Placards.

In addition to the permit, the Codes Administrator, or his designee, shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance and be signed by the Codes Administrator or his designee.

§ 7-315.19 Start of construction.

Work on the proposed construction or development shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start of construction 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.
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.

§ 7-315.20 Enforcement.

A. 
Notices. Whenever the Floodplain Administrator, Codes Administrator, or other authorized City official determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notices shall:
(1) 
Be in writing;
(2) 
Include the specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter;
(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 agent as the case may require; provided, however, that such notice or order shall be deemed to be have been properly served upon such owner or agent when a copy thereof has been served with such notice by a method authorized or required by the laws of this state;
(5) 
Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this chapter;
(6) 
Include the name of the owner of record and any other person against whom the municipality intends to take action;
(7) 
Include the location of the violation;
(8) 
Include the date before which the steps for compliance must be commenced and the date before which the steps must be completed;
(9) 
Include that the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with the procedures set forth in the Zoning Code and the Pennsylvania Municipalities Planning Code;[1] and
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(10) 
Include that the failure to comply with the notice within the time specified, unless extended by an appeal to the municipal Zoning Hearing Board, constitutes a violation, with sanctions clearly described.

§ 7-315.21 Variances.

If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Zoning Hearing Board may, upon application, grant relief from the strict application of the requirements of this chapter. The Zoning Hearing Board of the City of Harrisburg shall have exclusive jurisdiction to hear and render decisions on requests for variances as provided below:
A. 
If a variance is requested, the provisions of Chapter 7-323 shall apply. The Zoning Hearing Board shall review variance applications following review and comment from the Harrisburg Planning Commission.
B. 
No variance shall be granted for any activity prohibited by § 7-315.27A.
C. 
In addition to the provisions for a variance provided elsewhere in the Zoning Code, the Zoning Hearing Board may authorize a variance for new construction, substantial improvements, or alteration of uses in the Special Floodplain Area, Approximate Floodplain Area or any Floodway Area based on the following criteria:
(1) 
No variance shall be granted for any construction, development, use or activity within any Floodway Area that would cause any increase in BFE.
(2) 
No variance shall be granted for any construction, development, or activity within any Special Floodplain Area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3) 
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to § 7-315.25, 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 Zoning Hearing Board 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) 
Whenever a variance is granted, the Floodplain Administrator 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.
(7) 
In reviewing any request for a variance, the Zoning Hearing Board 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 neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(8) 
A complete record of all variance requests and related actions shall be maintained by the City of Harrisburg. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
(9) 
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.

§ 7-315.22 Appeals.

A. 
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of the chapter may appeal the decision to the Zoning Hearing Board within 30 days after the decision, determination, or action of the Floodplain Administrator.
B. 
Upon receipt of such appeal, the Zoning Hearing Board shall set a time and place, within not less than 10 or more than 30 days, for the purpose of considering an appeal. Notice of the time and place at which the appeal will be considered shall be given to all parties.
C. 
Any person aggrieved by a decision of the Zoning Hearing Board may file a land use appeal with the Dauphin County Court of Common Pleas.

§ 7-315.23 Technical provisions.

The following general provisions for elevation and floodproofing shall be apply to all new construction and substantial improvements within the Floodplain Overlay District. 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 and any other applicable codes, ordinances and regulations.
A. 
General provisions.
(1) 
Alteration or relocation of watercourse.
(a) 
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 municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office.
(b) 
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.
(c) 
FEMA and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(2) 
Letter of map revisions.
(a) 
Property owners must submit technical or scientific data to FEMA for a letter of map revision (LOMR) within six months of the completion of any new construction, development, or other activity resulting in changes in the base flood elevation.
(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 and any other applicable codes, ordinances, and regulations.
B. 
Elevation and floodproofing requirements for residential structures.
(1) 
In AE, A1-30, and AH Zones any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(2) 
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 in accordance with § 7-315.9C(2).
(3) 
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
(4) 
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 to 405, as amended) shall be utilized.
C. 
Elevation and floodproofing requirements for nonresidential structures.
(1) 
In AE, A1-30 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 effects of buoyancy.
(2) 
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 in accordance with § 7-315.9C(2) of this chapter.
(3) 
In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
(4) 
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the WI 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 with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(5) 
The design and construction standards and specifications contained in the 2009 International Business 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 to 405, as amended) shall be utilized.
D. 
Space below the lowest floor.
(1) 
Fully enclosed space below the lowest floor (excluding basements) 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.
(2) 
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.
E. 
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:
(1) 
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.
(2) 
Floor area shall not exceed 100 square feet.
(3) 
The structure will have a low damage potential.
(4) 
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(5) 
Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
(6) 
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
(7) 
Sanitary facilities are prohibited.
(8) 
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater 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:
(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.

§ 7-315.24 Design and construction standards.

The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A. 
Fill. If fill is used, it shall:
(1) 
Extend laterally at least 15 feet beyond the building line from all points;
(2) 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
(3) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(4) 
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; and
(5) 
Be used to the extent to which it does not adversely affect adjacent properties.
B. 
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.
C. 
Water and sanitary sewer facilities and systems.
(1) 
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(2) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) 
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(4) 
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.
D. 
Other utilities.
(1) 
All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E. 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F. 
Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and are not listed in § 7-315-25, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G. 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed 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 floodwater.
H. 
Anchoring.
(1) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) 
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.
I. 
Floors, walls and ceilings.
(1) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(2) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
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.
(4) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
J. 
Paints and adhesives.
(1) 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(2) 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. 
Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
M. 
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.
N. 
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 to 405, as amended) and not limited to the following provisions shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter:
(1) 
International Building Code (IBC) 2009 or the latest edition thereof: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2) 
International Residential Building Code (IRC) 2009 or the latest edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.

§ 7-315.25 Development which may endanger human life.

A. 
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
(1) 
Will be used for the production or storage of any of the following dangerous materials or substances; or
(2) 
Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or
(3) 
Will involve the production, storage, or use of any amount of radioactive substances;
shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
Acetone
Ammonia
Benzene
Calcium carbide
Carbon disulfide
Celluloid
Chlorine
Hydrochloric acid
Hydrocyanic acid
Magnesium
Nitric acid and oxides of nitrogen
Petroleum products (gasoline, fuel oil, etc.)
Phosphorus
Potassium
Sodium
Sulphur and sulphur products
Pesticides (including insecticides, fungicides, and rodenticides)
Radioactive substances, insofar as such substances are not otherwise regulated
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Within any Floodway Area, any structure of the kind described in Subsection A above shall be prohibited.
C. 
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be:
(1) 
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation;
(2) 
Designed to prevent pollution from the structure or activity during the course of a base flood elevation; and
(3) 
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
D. 
Within any floodplain area, any new or substantially improved structure of the kind described in Subsection A, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.

§ 7-315.26 Special requirements for subdivisions.

All subdivision and land development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional 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.

§ 7-315.27 Prohibited uses.

A. 
The following uses, including enlargement or expansion of existing uses, are prohibited in the Floodway Area, Special Floodplain Area, Approximate Floodplain Area, or Shallow Flooding Area:
(1) 
Recreational vehicles;
(2) 
Manufactured homes, or any improvements thereto, subdivisions and parks;
(3) 
Supportive housing facilities, including nursing homes; and
(4) 
Correctional or community correctional facilities, including jails and prisons.
B. 
The commencement of construction, enlargement, or expansion of any hospital within the Floodway Area, Special Floodplain Area, Approximate Floodplain Area, or Shallow Flooding Area shall be prohibited unless a special exception is approved by the Harrisburg Planning Commission and the Zoning Hearing Board.

§ 7-315.28 Application requirements for special exceptions.

A. 
In addition to the requirements for special exceptions found elsewhere in the City Of Harrisburg Zoning Code, applicants for special exceptions in the Floodway Area, Special Floodplain Area, Approximate Floodplain area or Shallow Flooding area shall provide five copies of each of the following items:
(1) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a) 
North arrow, scale and date;
(b) 
Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet;
(c) 
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;
(d) 
The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
(e) 
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development;
(f) 
The location of the floodplain boundary line, information and spot elevations concerning the base flood elevations, and information concerning the flow of water including direction and velocities;
(g) 
The location of all proposed buildings, structures, utilities, and any other improvements; and
(h) 
Any other information which the municipality considers necessary for adequate review of the application.
(2) 
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 floor plans, sections, and exterior building elevations, as appropriate;
(b) 
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;
(c) 
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood;
(d) 
Detailed information concerning any proposed floodproofing measures;
(e) 
Cross section drawings of all proposed streets, drives, other accessways, and parking areas, showing all rights-of-ways and pavement widths;
(f) 
Profile drawings for all proposed streets, drives, and vehicular accessways including existing and proposed grades; and
(g) 
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
(3) 
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 base 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 base flood elevation, 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 base 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 base flood elevation and the effects such materials and debris may have on base flood elevations and flows;
(f) 
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development;
(g) 
Where any excavation or grading is proposed, a plan meeting the requirements of Department of Environmental Protection to implement and maintain erosion and sedimentation control;
(h) 
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166;[1] and
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(i) 
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
B. 
Upon receipt of an application for a special exception by the City, the following procedures shall apply in addition to those of §§ 7-315.12 to 7-315.20:
(1) 
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the City Planning Commission and City Engineer for review and comment.
(2) 
If an application is received that is incomplete, the City shall notify the applicant in writing, stating in what respect the application is deficient.
(3) 
If the City decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4) 
If the City approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered or certified mail, within five working days after the date of approval.
(5) 
Before issuing the special exception, the City shall allow the Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and decision made by the City.
(6) 
If the City does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special exception to the applicant.
(7) 
If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the City and the applicant, in writing, of the reasons for the disapproval, and the City shall not issue the special exception.
C. 
In addition to the requirements of § 7-315.23 of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special exception. If there is any conflict between any of the following requirements and those in § 7-315.23 of this chapter or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(1) 
No application for a special exception shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
(2) 
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:
(a) 
The structure will survive inundation by waters of the base flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE.
(b) 
The lowest floor (including basement) will be elevated to at least 1 1/2 feet above base flood elevation.
(c) 
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the base flood.
(3) 
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
D. 
All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the City and the Department of Community and Economic Development.

§ 7-315.29 Existing structures in identified floodplain areas.

A. 
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 this section shall apply. 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 floodplain area that would cause any increase in the elevation of the base flood elevation.
(2) 
No expansion or enlargement of an existing structure shall be allowed within any Special Floodplain Area 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 an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
(4) 
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
(5) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(6) 
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this chapter.

§ 7-315.30 Floodplain notification/certification.

A. 
No agent or, if none, no owner shall sell property or any interest therein, unless such agent owner, as applicable, first delivers to the purchaser or transferee the certificate described in §§ 8-305 and 8-307 of the Codified Ordinances. Such certificate shall be delivered a minimum of 10 days prior to the execution of any agreement of sale or not less than 10 days prior to the transfer of title in the event that no agreement of sale is utilized. An agent's or owner's failure to deliver said certificate in the required time frame shall be deemed a breach of that agent's or owner's duty of disclosure to the purchaser or transferee. Such a breach shall render the agreement of sale or other such land contract voidable.
B. 
The purchaser or transferee shall execute a receipt for the certificate, as furnished by the City, and such receipt shall be delivered by the agent or, if none, the owner to the Codes Administrator as evidence of compliance with the provisions of this section. The certificate described in this section in no way implies evidence of compliance with any requirements other than this section.
C. 
No agent shall aid any owner in the sale or transfer of property unless the agent first complies with the requirements of this § 7-315.30.

§ 7-315.99 Penalty.

Any person who fails 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 of direction of the Floodplain Administrator or any other authorized employee of the City of Harrisburg shall be guilty of a summary offense and, upon conviction, shall pay a fine to the City of Harrisburg of not less than $25 nor more than $500 plus costs of prosecution. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this chapter. 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 a reasonable time. 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.