Borough of Bath, PA Article XVIII Environmental Protection

§ 675-123 Steep slopes.

[Amended 7-6-2009 by Ord. No. 612; 8-3-2020 by Ord. No. 2020-693]

The Official Zoning Map indicates steep slope area based on information drawn from small scale topography maps and from the Northampton County Soils Survey.

A. Applicability of steep slope. Where the Official Zoning Map indicates that the lot for which a building permit is being sought or the lot proposed for development is shown partially or wholly as containing steep slope, the Zoning Officer shall make a determination as to the extent that the lot is so characterized by scaling off distances from the Official Zoning Map and the Zoning Officer may require the applicant submit an existing features plan, the accuracy of which shall be certified by a professional engineer or surveyor licensed as such in this Commonwealth, delineating slope categories for the lot in accordance with Subsection B(4)(b).

B. Regulations for steep slope. Upon determination that the lot under consideration is partially or wholly characterized by steep slope, the following regulations shall apply:

(1) Where the lot is partially characterized by steep slope, and where neither the predevelopment slope of the building envelope nor the area to be disturbed for on-site sewage disposal is steep slope area, the provisions of this Subsection B shall not apply.

(2) Except as provided in Subsection B(1) above, where the lot is partially or fully characterized by steep slope area, the following minimum lot sizes shall apply:

(a) Two acres when the predevelopment slope of any portion of the lot is 25% or greater.

(b) If the lot is situated in a zoning district that requires a minimum lot size larger than required by this Subsection B(2), then the larger minimum lot size shall apply.

(3) No portion of a lot shall be disturbed for on-site sewage disposal which, in its predevelopment condition, is 25% or greater.

(4) Development limitations shall be applied as follows:

(a) Applicants shall show the boundaries of steep slope areas on all land development or development plans based on an on-site survey certified by a professional engineer or surveyor licensed as such in this commonwealth.

(b) The slope areas to be shown on all land development or development plans shall be divided into the following slope categories and measured over three or more contour lines at two-foot intervals:

[1] Slope less than 25% from horizontal plane.

[2] Slope 25% or greater from horizontal plane.

(c) Based upon the slope category, the following development limits shall be the maximum area of such slopes on a lot that may be regraded and/or stripped of vegetation:

Slope Category	Development Limit
Slope below 25% from horizontal plane	0%
Slope 25% or greater from horizontal plane	60%

C. Appeals. If the applicant wishes to appeal the Zoning Officer's determination as to the extent of the steep slope areas or to the applicable provisions of these regulations, such appeal shall be made to the Zoning Hearing Board. The applicant shall bear the burden of establishing the inaccuracy of the Zoning Officer's determination and the applicant shall submit an existing features plan, the accuracy of which is certified by a professional engineer or surveyor licensed as such in this Commonwealth, delineating slope categories in accordance with Subsection B(4)(b).

§ 675-124 Wetlands and floodplains.

[Amended 6-2-2014 by Ord. No. 2014-640]

A. Wetlands.

(1) No development shall encroach into wetlands as defined by the Department of Environmental Protection except as permitted by state and federal law.

(2) Determinations. If a reasonable doubt exists whether a portion of a site would meet one or more federal definitions of a "wetland," the applicant is required to contact the District Offices of the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service to request and obtain an official jurisdictional determination. The applicant shall provide a copy of the official jurisdictional determination to the Zoning Officer. The applicant shall prove to the Zoning Officer that the site or portion thereof does not meet one or more federal definitions of a "wetland" before any permit is issued or grading commences.

(3) Appeals. If an applicant is dissatisfied with the decision of the Zoning Officer, the applicant may appeal said decision as set forth in Subsection B(2)(j).

B. Floodplain management regulations.

(1) General provisions.

(a) Applicability.

[1] It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within an identified floodplain area within the Borough unless a floodplain permit has been obtained from the Floodplain Administrator.

[2] A floodplain permit shall not be required for minor repairs to existing buildings or structures.

(b) Abrogation and greater restrictions. This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance 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 section, the more restrictive shall apply. Notwithstanding the foregoing, this section supersedes Article II, Floodplains, of Chapter 64 of the 2005 Code of Ordinances of the Borough, which Article II was originally adopted by Ordinance No. 403 on or around March 7, 1988, and amended and restated by Ordinance No. 540 on or around June 4, 2001.

(c) Warning and disclaimer of liability.

[1] The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.

[2] This section shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(2) Administration.

(a) Designation of Floodplain Administrator.

[1] The Borough Manager is hereby appointed to administer and enforce this section and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator may:

[a] Fulfill the duties and responsibilities set forth in these regulations;

[b] Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or

[c] Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the Borough of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.

[2] In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Zoning Officer of the Borough.

(b) Floodplain permit required. A floodplain permit shall be required before any construction or development is undertaken within any identified floodplain area within the Borough.

(c) Duties and responsibilities of the Floodplain Administrator.

[1] The Floodplain Administrator shall issue a floodplain 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 of the Borough.

[2] Prior to the issuance of any floodplain permit, the Floodplain Administrator shall review the permit application to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No floodplain permit shall be issued until this determination has been made.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

[2] Editor's Note: See 32 P.S. § 693.1 et seq.

[3] Editor's Note: See 35 P.S. § 691.1 et seq.

[3] In the case of existing structures, prior to the issuance of any floodplain permit, the Floodplain Administrator shall review the history of repairs to the subject building (if an administrative history is available), so that any repetitive loss issues can be addressed before the permit is issued.

[4] 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.

[5] In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.

[6] 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 floodplain permit and report such fact to the Borough Council of the Borough for whatever action it considers necessary.

[7] The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this section including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.

[8] The Floodplain Administrator is the official responsible for submitting a biennial report to the FEMA concerning community participation in the National Flood Insurance Program.

[9] The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in this section as the Floodplain Administrator.

[10] The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.

(d) Application procedures and requirements.

[1] Application for a floodplain permit shall be made, in writing, to the Floodplain Administrator on the zoning permit application form supplied by the Borough. Such application shall contain the following:

[a] Name and address of applicant.

[b] Name and address of owner of land on which proposed construction is to occur.

[c] Name and address of contractor.

[d] Site location including address.

[e] Listing of other permits required.

[f] 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.

[g] A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

[2] If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for a floodplain permit shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:

[a] All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

[b] All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;

[c] Adequate drainage is provided so as to reduce exposure to flood hazards;

[d] Structures will be anchored to prevent flotation, collapse, or lateral movement;

[e] Building materials are flood-resistant;

[f] Appropriate practices that minimize flood damage have been used; and

[g] Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.

[3] 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:

[a] A completed zoning permit application form.

[b] 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:

[i] North arrow, scale, and date;

[ii] Topographic contour lines, if available;

[iii] The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;

[iv] The location of all existing streets, drives, and other accessways; and

[v] The location of any existing bodies of water or watercourses, identified floodplain area, and, if available, information pertaining to the floodway, and the flow of water, including direction and velocities.

[c] Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

[i] The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;

[ii] The elevation of the base flood;

[iii] Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC or the latest revisions thereof.

[d] The following data and documentation:

[i] If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.

[ii] Detailed information concerning any proposed floodproofing measures and corresponding elevations.

[iii] Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway (see Subsection B(3)(b)[1]) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.

[iv] 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 flood proofing measures which have been incorporated into the design of the structure and/or the development.

[v] Detailed information needed to determine compliance with Subsection B(4)(c), Design and construction standards, and Subsection B(4)(d), Development which may endanger human life, including:

[A] The amount, location and purpose of any materials or substances referred to in Subsection B(4)(c) and (d) which are intended to be used, produced, stored or otherwise maintained on site.

[B] 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 Subsection B(4)(d) during a base flood.

[vi] The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development"; and

[vii] 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.

[4] The application for a floodplain permit shall be accompanied by a fee, payable to the Borough based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator. The fee shall be set by Borough Council of the Borough by resolution from time to time.

(e) 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 agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment.

(f) Changes. After the issuance of a floodplain 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.

(g) Placards. In addition to the floodplain permit, the Floodplain Administrator 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 Floodplain Administrator.

(h) Start of construction.

[1] Work on the proposed construction or development shall begin within 180 days after the date of issuance of the floodplain permit 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 manufacture 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.

[2] Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request, and the original permit is compliant with this section and the FIRM/FIS in effect at the time the extension is granted.

(i) Enforcement.

[1] Enforcement notice. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as required under § 675-10 and as hereinafter provided. Such notice shall:

[a] Be in writing;

[b] Include a statement of the reasons for its issuance;

[c] Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this section;

[d] Allow a reasonable time not to exceed a period of 30 days for the performance of any acts the notice requires; and

[e] Be served upon the property owner or his agent as the case may require; provided, however, that such notice shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served by any method authorized or required by the laws of the Commonwealth of Pennsylvania.

[2] Penalties. As set forth in § 675-12, any person, partnership or corporation who or which has violated or permitted the violation of any of the provisions of this section shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not less than $100, and the maximum penalties allowable by law, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, determining that there has been basis for the person, partnership or corporation violating this section to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this section shall be paid over to the Borough.

(j) Appeals.

[1] Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this section may appeal to the Zoning Hearing Board of the Borough as set forth under the Zoning Ordinance. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.

[2] Upon receipt of such appeal the Zoning Hearing Board of the Borough shall consider the appeal in accordance with the Pennsylvania Municipalities Planning Code[4] and the Zoning Ordinance, as amended by this section.

[4] Editor's Note: See 53 P.S. § 10101 et seq.

[3] Any person aggrieved by any decision of the Zoning Hearing Board of the Borough may seek relief therefrom by appeal to court as provided by the Pennsylvania Municipalities Planning Code.

(3) Identification of floodplain areas.

(a) Identification.

[1] The identified floodplain area shall be any areas of the Borough classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated July 16, 2014 and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.

[2] The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the Borough and declared to be a part of this section.

(b) Descriptions and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas/districts:

[1] The AE Area/District without floodway shall be those areas identified as Zone A1-30 or Zone AE on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in the FIS but no floodway has been delineated.

[a] No floodplain permit shall be granted for any construction, development, use, or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the base flood elevation (BFE) more than one foot at any point within the Borough.

[b] No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.

[2] The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one-percent-annual-chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable source shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site. In lieu of the above, the Borough 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 Borough.

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

(d) Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Borough Planning Commission and any party aggrieved by this decision or determination may appeal to the Borough Council of the Borough. The burden of proof shall be on the appellant.

(e) Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Borough shall review flood hazard data affecting the lands subject to boundary changes. The Borough shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.

(4) Technical provisions.

(a) General.

[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 Borough, and until all required permits or approvals have first been 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] In addition, FEMA and the Pennsylvania Department of Community and Economic Development, shall be notified prior to any alteration or relocation of any watercourse.

[2] When the Borough proposes to permit any of the following encroachments: any development that causes a rise in the base flood elevations within the floodway; or any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or alteration or relocation of a stream (including but not limited to installing culverts and bridges), the Borough shall (as per 44 CFR 65.12):

[a] Apply to FEMA for conditional approval of such encroachment(s) prior to the Borough permitting the encroachment(s) to occur. The applicant shall be responsible for and shall prepay any fees required for such application to FEMA or incurred by the Borough to prepare and prosecute such application. The applicant shall also be responsible for and provide any documentation that FEMA requires via the application process per 44 CFR 65.12.

[b] Upon receipt of the FEMA's conditional approval of map change and prior to the Floodplain Administrator issuing a floodplain permit approving the proposed encroachment(s), the Borough shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.

[c] Upon completion of the proposed encroachment(s), the applicant shall provide as-built certifications to the Borough and to FEMA. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR 67.

[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 section and any other applicable codes, ordinances and regulations.

[4] Within any identified floodplain area, 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.

(b) Elevation and floodproofing requirements.

[1] Residential structures.

[a] In AE without floodway A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.

[b] In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with Subsection B(3)(b)[2] of this section.

[c] The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.

[2] Nonresidential structures.

[a] In AE without floodway 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 is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

[b] 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 or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with Subsection B(3)(b)[2] of this section.

[c] 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 United States 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.

[d] The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.

[3] Space below the lowest floor.

[a] 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.

[b] Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

[i] A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

[ii] The bottom of all openings shall be no higher than one foot above grade.

[iii] Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

[4] Historic structures. Any proposed improvements that fall within the Historic District, as set forth Chapter 349, Historic Preservation, adopted December 7, 1998, must meet requirements of said ordinance.

[5] Accessory structures. All accessory structures must be elevated or flood proofed pursuant to the parameters established in Subsection B(4)(b).

(c) Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

[1] Fill. Within any identified floodplain area the use of fill shall be prohibited.

[2] Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

[3] Water and sanitary sewer facilities and systems.

[a] 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.

[b] Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

[c] No part of any on-site sewage system shall be located within any 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.

[d] The design and construction provisions of the UCC and FEMA #348, Protecting Building Utilities From Flood Damages, and the International Private Sewage Disposal Code shall be utilized.

[4] Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

[5] Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

[6] Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in Subsection B(4)(d), Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.

[7] 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.

[8] Anchoring.

[a] All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

[b] All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

[9] Floors, walls and ceilings.

[a] Wood 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.

[b] Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.

[c] 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.

[d] Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

[10] Paints and adhesives.

[a] Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.

[b] Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

[c] All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.

[11] Electrical components.

[a] Electrical distribution panels shall be at least three feet above the base flood elevation.

[b] Separate electrical circuits shall serve lower levels and shall be dropped from above.

[12] Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.

[13] Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

[14] Uniform construction code coordination. The standards and specifications contained 34 Pa. Code (Chapters 401 through 405, as amended) and not limited to the following provisions shall apply to the above and other subsections of this section, to the extent that they are more restrictive and supplement the requirements of this section:

[a] International Building Code (IBC) 2009 or the latest edition thereof: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

[b] International Residential Building Code (IRC) 2009 or the latest edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.

(d) Development which may endanger human life.

[1] In accordance with the Pennsylvania Flood Plain Management Act,[5] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which: will be used for the production or storage of any of the following dangerous materials or substances; or, 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, 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

[5] Editor's Note: See 32 P.S. § 679.101 et seq.

[2] Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection B(4)(d)[1] above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation.

[3] Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in Subsection B(4)(d)[1] above shall be elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; and designed to prevent pollution from the structure or activity during the course of a base flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.

(e) Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain 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.

(f) Manufactured homes. Within any identified floodplain area, manufactured homes, the commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision shall be prohibited. No variance shall be granted.

(g) Recreational vehicles. Within any identified floodplain area, recreational vehicles shall be prohibited. No variance shall be granted.

(h) Hospitals, nursing homes, jails or prisons.

[1] Within any identified floodplain area, the commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities shall be prohibited:

[a] Hospitals;

[b] Nursing homes; or

[c] Jails or prison.

[2] No variance shall be granted.

(5) Existing structures in identified floodplain areas.

(a) Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection B(5)(b) shall apply.

(b) 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 identified floodplain area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

[2] 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 section.

[3] Within any identified floodplain area [see Subsection B(3)(b)], 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.

[4] 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 section.

[5] The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or the latest revision thereof.

(6) Variances.

(a) General. If compliance with any of the requirements of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Zoning Hearing Board of the Borough may, upon request, grant relief from the strict application of the requirements.

(b) Variance procedures and conditions.

[1] Requests for variances shall be considered by the Zoning Hearing Board of the Borough in accordance with the requirements contained in the Zoning Ordinance and the following:

[a] No variance shall be granted for any of the following:

[i] Any construction, development, use, or activity within any identified floodplain area that would, together with all other existing and anticipated development, increase the BFE by more than one foot at any point in the community.

[ii] Any of the other requirements pertaining specifically to development regulated by Subsection B(4)(d), Development which may endanger human life, except for a possible modification of the regulatory flood elevation requirement involved.

[iii] Prohibited activities including Subsection B(4)(f), Manufactured homes, and Subsection B(4)(g), Recreational vehicles.

[iv] The commencement of any of the following activities, or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:

[A] Hospitals;

[B] Nursing homes; or

[C] Jails or prisons.

[v] Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) or any of the following dangerous materials or substances on the premises:

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

[b] If granted, a variance shall involve only the least modification necessary to provide relief.

[c] In granting any variance, the Zoning Hearing Board of the Borough 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 section.

[d] In reviewing any request for a variance, the Zoning Hearing Board of the Borough shall consider the requirements for a variance required by the Zoning Ordinance and the following:

[i] That there is good and sufficient cause.

[ii] That failure to grant the variance would result in exceptional hardship to the applicant.

[iii] That the granting of the variance will:

[A] Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;

[B] Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

[e] Whenever a variance is granted, the Zoning Hearing Board of the Borough shall notify the applicant in writing that:

[i] The granting of the variance may result in increased premium rates for flood insurance.

[ii] Such variances may increase the risks to life and property.

[f] A complete record of all variance requests and related actions shall be maintained by the Borough of Bath. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.

[2] 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) Terminology.

(a) Word usage. Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give this section its most reasonable application.

(b) Definitions. As used in this section, the following terms shall have the meanings 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" or "one-percent-annual-chance flood").

BASE FLOOD DISCHARGE

The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).

BASE FLOOD ELEVATION (BFE)

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zone AE that indicates the water surface elevation resulting from a flood that has a 1% 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.

BOROUGH

Borough of Bath, Northampton County, Commonwealth of Pennsylvania.

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.

FLOODPLAIN PERMIT

A zoning permit issued by the Floodplain Administrator under the Zoning Ordinance after said administrator determines the application complies with the Borough of Bath floodplain management regulations and any other applicable requirements of the Zoning Ordinance or upon the written order of the Zoning Hearing Board of the Borough after a hearing or upon the written order of a court of competent jurisdiction thereof.

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 STRUCTURES

Any structure that is:

[1] Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

[2] Certified or preliminarily determined by the Secretary 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;

[3] Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or

[4] Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:

[a] By an approved state program as determined by the Secretary of the Interior; or

[b] Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this section.

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, mechanical or other work affecting public health or general safety.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after June 2, 2014 and includes any subsequent improvements to such structures. Any construction started after February 17, 1988 and before June 2, 2014 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.

POST-FIRM STRUCTURE

A structure for which construction or substantial improvement occurred after December 31, 1974 or on or after the community's initial Flood Insurance Rate Map (FIRM) dated February 17, 1988, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.

PRE-FIRM STRUCTURE

A structure for which construction or substantial improvement occurred on or before December 31, 1974 or before the community's initial Flood Insurance Rate Map (FIRM) dated February 17, 1988, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.

RECREATIONAL VEHICLE

A vehicle which is:

[1] Built on a single chassis;

[2] Not more than 400 square feet, measured at the largest horizontal projections;

[3] Designed to be self-propelled or permanently towable by a light-duty truck,

[4] Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOOD ELEVATION

The base flood elevation (BFE) or estimated flood height as determined using simplified methods 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 FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture 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 walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

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 or SUBSTANTIALLY IMPROVED

Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost 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 section, must comply with all Code requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance 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 Code 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 Borough of Bath 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.

ZONING ORDINANCE

Chapter 675 of the Code of the Borough of Bath, which chapter is known as the Borough of Bath Zoning Ordinance.

§ 675-125 Grading and excavation regulations.

Prior to issuance of a building permit or commencement of new construction or excavation on any lot, the applicant shall submit to the Borough Zoning Officer six copies of the final plot, grading and erosion and sedimentation control plan. The plan must be drawn at a scale of one inch equals 20 feet. The plan must contain the information listed below, and any other appropriate data deemed necessary to portray the conditions on the parcel. Design of the grading plan shall divert open-face runoff away from principal buildings, driveways, walkways and on-lot sewage disposal systems. In the case where basic grading provisions have been defined during site plan or subdivision plan approval, the lot grading plan shall conform to those requirements. The grading plan will be reviewed by and must be approved by the Borough Engineer prior to the issuance of a building permit.

§ 675-126 Grading and excavation plan requirements.

Plans submitted for review shall have at least the following detail:

A. Property lines defined by bearing and distances or curve data.

B. Existing and proposed contour elevation lines at maximum interval of two feet.

C. Spot elevations on first floor level of any structure, adjacent to any door, window opening to grade or Bilco®-style basement door, primary and secondary on-lot sewage systems, finished street elevations at point of intersection of center lines, intersection with gutters and at a maximum of fifty-foot intervals. (Other areas may be deemed necessary by the Borough Engineer.)

D. Benchmark.

E. North reference, easements and rights-of-way within or adjacent to said property.

F. Location, size and elevation of all existing or proposed storm drainage structures or swales within or adjacent to the subject property.

G. Lot numbers of all adjoining lots and names of adjoining streets.

H. Locations of all perc test holes, soil probes and wells and the location and dimensions of primary and secondary on-lot sewage disposal systems with isolation distances. In the case of public services, the location of water and sewer laterals.

I. Exact location and dimensions of any proposed structure, appurtenant structure, road or driveway, with tie-in dimensions to property lines.

J. Building footprint with all wall dimensions necessary to lay out shape of building. Street cartway and right-of-way lines shall be dimensioned. For corner lots, a parallel street and the clear sight triangle easement shall be shown.

K. Location, site and detailed calculations of dry wells, leech areas or other stormwater control measures, if required by the Borough Engineer.

L. Erosion and sedimentation control measures and sequence of operations.

M. Engineer's or surveyor's seal.

N. Six copies of plot/lot grading plan must be submitted.

O. Basement pump or foundation drainage system must be noted, if applicable. The method used to prevent road shoulder erosion, water entering onto neighboring properties and methods of discharging must be submitted.

P. Street address.

Q. Driveway grades and slope.

§ 675-127 Grading and excavation plan requirement exceptions.

The Borough Manager, Code Enforcement Officer, or Borough's representative responsible for the acceptance of plans and the issuance of building permits may waive the plan requirements set forth in §§ 675-124 and 675-125 after consultation with the Borough Engineer under one or more of the following situations:

A. Preestablished preexisting grades. The excavation and grading would constitute minimal earth and soil disruption because the house, garage, and/or street level for a driveway, parking lot, and lawn have already been established, and no new grading pattern would be created through the project, and the project does not otherwise constitute subdivision or land development.

B. De minimis elevation change. The change in grade or elevation would be less than 3% overall for the project, and there are no apparent karst hazards, sink holes, environmentally sensitive areas on adjoining properties, no new stormwater patterns would be established and runoff rate off the parcel would not increase post-development, and the project does not otherwise constitute subdivision or land development.

C. Improvement or like kind exchange. The change in grade or elevation would not impact on the post-development stormwater or erosion patterns since the project is merely to pave an existing gravel drive, replace one impervious surface with another, or one pervious surface with another; the excavation and removal of material or the introduction of fill material is minimal, the project would not alter the pre-and post-development grade more than 3% for the overall project, and the project would not otherwise constitute subdivision or land development.

D. Appeal of non-waiver of plan submission requirement. In the event that the Borough representative refuses to waive the requirement for full grading and excavation plan submission, the applicant may appeal that decision directly to the Borough Council sitting as a Committee of the Whole, as a waiver request, setting forth the specific request and the reasons therefor in writing to the Borough Council. An applicant may appeal a refusal of the Borough Council to grant such waiver as any waiver request would be appealed under the provisions of the Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.