[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Editor's Note: This ordinance also repealed former Part Three,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.
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.
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.
For purposes of this chapter, the terms that follow shall have
the definitions indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
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.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A 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.
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).
A temporary inundation of normally dry land areas.
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.
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.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The 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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after 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.
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.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) plus a freeboard safety factor
of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
A special approval which is required for hospitals, when
such development is located in all, or a designated portion of a floodplain.
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.
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.
A walled and roofed building, including a gas or liquid storage
tank that is principally aboveground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
or "repetitive loss" 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
(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)
(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.
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.
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.
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.
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.
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.
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;
(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.
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.
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.
(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.
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.
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:
(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.
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.
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:
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.
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.
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:
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.
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;
(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.
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.
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.
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.
