Borough of Eddystone, PA Building Construction

[1]

Editor's Note: The adoption of the 1996 BOCA National Building Code was not intended to supersede any provisions of the prior BOCA National Building Code, as modified in this article, other than the modifications to Sections 101.1 through 121.0 shown in § 85-2A(1) through (24) herein. For § 85-2A(25) through (32), the provisions of the prior BOCA National Building Code are still in force.

The BOCA National Building Code/1996, Thirteenth Edition, adopted herein is amended and changed in the following respects:

[Amended 8-8-1988 by Ord. No. 518, approved 8-8-1988; 12-10-1990 by Ord. No. 546, approved 12-10-1990; 12-13-1993 by Ord. No. 560, approved 12-13-1993; 3-9-1998 by Ord. No. 572, approved 3-9-1998]

(1)

Section 101.1 Title, is completed by inserting the words "Borough of Eddystone" in the space entitled "name of jurisdiction."

(2)

Section 103.4, Construction of unlawful use, shall be added to read:

103.4 Construction of unlawful use: The continuation of occupancy or use of a building or structure, or a part thereof, contrary to the provisions of this code, shall be deemed a violation and subject to the penalties prescribed in this article.

(3)

Section 104.1, Code official, is deleted in its entirety and the following substituted therefor:

104.1 Building Inspector: The department of building inspection hereby created and the executive official in charge thereof shall be known as the "Building Inspector." Wherever the term "Code Official" appears with BOCA National Building Code/1996, Thirteenth Edition, it is the purpose of this article to substitute the term "Building Inspector."

(4)

Section 104.2, Appointment, is deleted in its entirety and the following substituted therefor:

104.2 Appointment and qualifications: To be eligible for appointment, the person selected as Building Inspector shall meet the requirements as established by the Borough of Eddystone. The Building Inspector shall serve at the will and desire of the Borough Council of the Borough of Eddystone.

(5)

Section 104.4, Deputy, is deleted in its entirety and the following substituted therefor:

104.4 Deputy: In the event the Building Inspector can not serve for any reason the Council for the Borough of Eddystone may appoint a temporary Deputy to exercise all of the power of the Building Inspector.

(6)

Section 104.7, Official records, is deleted in its entirety and the following substituted therefor:

104.7 Official records: An official record shall be kept of all business and activities of the office of the Building Inspector, and all such records shall be open to the public for inspection at all appropriate times, except that no individual owner, operator, occupant or other person shall be subject to unwarranted invasion of privacy and except that all evidence or information obtained in the course of any inspection shall be considered privileged information and shall be kept confidential. Such evidence or information shall not be disclosed except as may be necessary in the judgment of the Building Inspector for the proper and effective administration and enforcement of the provisions of this article and shall not otherwise be made public without the consent of the owner, occupant, operator or other person in charge of the unit, structure or premises inspected.

(7)

Section 107.1, Permit application, is deleted in the entirety and the following substituted therefor:

107.1 Permit application: It shall be unlawful to construct, enlarge, alter, repair or demolish a structure, or change the occupancy of a building or structure requiring greater strength, exitway or sanitary provision to change to another use, or to install or alter any equipment for which provision is made or the installation of which is regulated by this code, without first filing an application with the Building Inspector in writing and obtaining the required permit therefor; except that repairs, as defined in Section 107.1.1 and which do not involve any violations of this code, shall be exempted from this provision. It shall be unlawful for any contractor or subcontractor (to include the officers thereof if a corporation or the members thereof is a partnership) to perform any work for which a permit is required unless said permit is first obtained and is posted as required by Section 108.8.

(8)

Section 107.2, Form of application, is deleted in its entirety and the following substituted therefor:

Section 107.2 Form of application: The application for a building permit shall be submitted in such form as the Building Inspector may prescribe in this article.

(9)

Section 107.3, By whom application is made, is amended by adding the following sentence to the existing section: "It shall be the responsibility of the contractor to determine that a permit has been obtained before performing any work."

(10)

Section 107.6, Site plan, is amended by providing that three copies of the site plan shall accompany site application for permit.

(11)

Section 107.10, Other permits required, shall be added to read:

Section 107.10 Other permits required: At the time of filing an application for a permit, the applicant shall present to the Building Inspector evidence that he/she has obtained all necessary permits, licenses, approvals and/or variances as may be required by the laws of the Borough of Eddystone and the Commonwealth of Pennsylvania. Individuals, agencies, boards and commissions issuing aforesaid permits, licenses, approvals and/or variances shall include, but not be limited to, the Zoning Hearing Board, the Fire Marshal, the State Police Fire Marshal, the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Community and Economic Development, the Pennsylvania Department of Labor and Industry, the Delaware County Planning Commission and other applicable local, county, state and federal agencies.

(12)

Section 108.3, Previous approvals, is deleted in its entirety and the following substituted therefor:

Section 108.3 Previous approvals: This code shall not require changes in the plans, construction or designated use of a building for which a lawful permit has been heretofore issued or otherwise lawfully authorized and the construction of which shall have been actively prosecuted within the 90 days after the date of this article, and the entire building shall be completed, as authorized, within two years after the date of approval of the application, except as herein provided: In the case of a building which, because of its size or complexity of construction, requires a longer period of completion, no changes in plans, construction or designated use of the building shall be required for the construction contract documents if prepared by a registered architect and/or engineer.

(13)

Section 108.4, Signature to permit, is deleted in its entirety and the following substituted therefor:

Section 108.4 Signature to permit: The Building Inspector's signature shall be affixed to every permit.

(14)

Section 108.5, Approved construction documents, is deleted in its entirety and the following substituted therefor:

Section 108.5 Approved construction documents: The Building Inspector shall stamp and endorse in writing all sets of plans "Approved," and two sets of such approved plans shall be retained by the Building Inspector and the other set shall be kept at the building site, open to inspection of the Building Inspector or an authorized representative at all reasonable times.

(15)

Section 110.1.1, Determination by Building Inspector, shall be added to read:

Section 110.1.1 Determination by Building Inspector: In the event that the owner or agent is unable to obtain the releases required in Section 110.1, the Building Inspector shall inspect the premises for which application has been made to determine that utility service connections and appurtenant equipment have been removed or sealed and plugged in a safe manner.

(16)

Section 110.4, Technical specifications, shall be added to read:

Section 110.4 Technical specifications: All demolition shall conform to the following requirements. Where, under these requirements, responsibilities are imposed upon a "contractor," that term shall also mean any person performing the demolition work, including contractors and the owner or agents of the owner. Final responsibility for compliance with all requirements shall be that of the owner of the structure being demolished.
	Section 110.4.1 Demolition and cleanup: The work to be performed shall include the demolition of all structures, vaults, steps and walls and the disposal of all excess material, junk and rubbish.
	Section 110.4.2 Building permit required: The contractor shall not commence work, nor shall be/she remove from the site of demolition anything or any materials, until the contractor has received a building permit from the Borough of Eddystone.
	Section 110.4.3 Sidewalk sheds: If the structure to be demolished is more than two stories or 25 feet high, measured from the sidewalk or street level, and the horizontal distance from the inside of the sidewalk to the structure is 15 feet or less, a substantial sidewalk shed shall be constructed over the entire length of the sidewalk, adjacent to the structure, of sufficient width to accommodate pedestrian traffic without causing congestion. The sidewalk shed shall be lighted, either by natural or artificial means sufficient to ensure safety at all times.
	Section 110.4.4 Fences and demolition using machinery methods: When the horizontal distance from the inside of the sidewalk to a structure is more than 15 feet and less than 25 feet, a sidewalk shed may be constructed over the sidewalk as described above, or in place of such a shed, a substantial fence shall be constructed along the inside edge of the sidewalk, or if permission has been granted to close the sidewalk, a substantial fence eight feet high may be constructed at the curbline and a safe place to walk in the cartway of the street shall be provided. When demolition work using machinery methods are employed, the buildings may be demolished in a step-like fashion as long as adequate lateral support of the structure exists. No wall, chimney or other construction shall be allowed to fall in mass on an upper floor. Bulky material, such as beams and columns, shall be lowered and not allowed to fall.
	Section 110.4.5 Barriers around openings: Suitable barriers subject to the approval of the Building Inspector shall be erected and maintained by the contractor around all openings in the ground as long as such openings shall, in the opinion of the Building Inspector, constitute a hazard or a dangerous condition.
	Section 110.4.6 Signs: The contractor shall furnish, erect and maintain approved danger, warning and keep-out signs as are warranted, especially in a working area, or as directed by the Building Inspector.
	Section 110.4.7 Work to be kept wet: During the demolition of buildings and structures, the work shall be kept thoroughly wetted down to prevent the spread of dust. The contractor shall provide necessary water and connections therefor.
	Section 110.4.8 Capping of sewers: All sewer laterals must be capped at the curb by the contractor before any demolition starts. A permit must be obtained from the Plumbing Inspector of the Borough of Eddystone.
	Section 110.4.9 Combustible materials: All combustible materials from the demolition activity shall be removed from the site and any basements or pits exposed by such demolition activity shall be backfilled to at least the adjacent grade levels.
	Section 110.4.10 Removal of window and door frames: Window and door frames shall not be removed until the demolition work shall have progressed to their elevations in the walls.
	Section 110.4.11 Removal of walls above first floor: No portions of walls above the elevations of the first floor and located immediately adjacent and parallel to any street shall be thrown but shall be barred loose and demolished piecemeal.
	Section 110.4.12 Removal of floors and other fixtures: All floor construction, except basement floor, shall be removed regardless of elevation or location. All basement partitions, furnaces, heating apparatus, piping, gasoline or oil tanks, miscellaneous fixtures and stairways shall be removed from the area of demolition.
	Section 110.4.13 Contiguous buildings: The contractor shall leave contiguous buildings in a safe condition and shall not deface, mar, hurt or jeopardize any adjacent buildings, and any damages done to such adjacent or nearby building shall be repaired or restored by the contractor to the satisfaction of the Building Inspector. Extreme care must be exercised in the demolition of buildings adjacent to other structures which are to remain. The contractor shall be responsible for damages to adjacent buildings, and all repairs shall be made by the contractor at no expense to the adjacent building owner. Any walls of contiguous buildings left exposed by this demolition shall be preserved and treated in the manner specified in the BOCA National Building Code/1996, Thirteenth Edition, Section 1813 et seq. so as to seal the surface of such walls and provide adequate weather protection. All work required by this subsection shall be completed within 30 days from the date any demolition work results in exposure to the elements of contiguous building walls or parapets, which time may be extended by the Building Inspector for good cause.
	Section 110.4.14 Filling subsurface areas: The contractor shall furnish, at his expense, all additional materials required for filling subsurface areas to the grade of the surface of the adjoining ground. Said materials required shall be of a quality acceptable to the Building Inspector and a sufficient quantity shall be on hand to ensure uninterrupted progress in completing the backfilling. On completion of the demolition, the cellars shall be filled to a level not higher than the existing sidewalk and yard. All back filling shall be done in twelve-inch layers and each layer compacted by a ten-ton roller or its equivalent. Compacting the backfill with any loader is not acceptable. Eighteen inches of soil free from stones, clods and debris shall be evenly spread over all demolished structures. This entire area shall be cleaned and graded so a rotary mower can be used in cutting the grass or weeds.
	Section 110.4.15 Burning prohibited: No burning shall be permitted on the site. Combustible material shall be disposed of by the contractor.
	Section 110.4.16 Removal of debris: The contractor shall remove all debris and equipment and dispose of all material from the site of the work and leave the ground clear of all materials, rubbish and debris and in a clean and neat condition as demolition of each structure is completed.

(17)

Section 112.3, New construction and alterations, is deleted in its entirety and the following substituted therefor:

Section 112.3 Fee schedule: The following building permit fees shall be paid to the Borough of Eddystone upon filing of an application and shall apply to construction, renovation, demolition, moving of buildings, roofing, sand blasting, water blasting with sand and/or chemicals, air conditioning and swimming pools. The fee shall be based on the actual contract price of any such work or, if no contract price has been agreed upon, then the applicant's estimated cost; provided, however, that upon review of the Building Inspector, with the assistance of the Borough Engineer, if required, such contract price or estimated cost is unrealistic, then the Building Inspector shall make the estimate of the cost which shall be final.
	Section 112.3.1 Residential: New construction, alterations, additions and repairs: $20 per $1,000 of cost or fraction thereof.
	Section 112.3.2 All new construction, other than residential: $30 per $1,000 of cost or fraction thereof for the first $50,000; then $15 per $1,000 of cost or fraction thereof for cost above $50,000.
	Section 112.3.3 All alterations, additions and repairs other than residential: $30 per $1,000 of cost or fraction thereof for the first $20,000; then $15 per $1,000 of cost or fraction thereof for cost above $20,000.
	Section 112.3.4 Demolition and moving of any building: Base fee of $100, plus $10 for each $1,000 of cost or fraction thereof.
	Section 112.3.5 Work started prior to obtaining permit: Where work for which a permit is required by this article is started prior to obtaining the required permit, the fees set forth herein for such permit shall not relieve any persons from fully complying with the requirements of this article in the execution of the work or from any other penalties prescribed herein.
	Section 112.3.6 License required: Any person, firm or corporation who shall contract to perform construction, demolition, alteration or repair work or who shall perform construction, demolition, alteration or repair work within the Borough of Eddystone, with estimated costs in excess of $2,500, must obtain a construction license and pay a fee of $50 for the same. The license obtained hereunder shall be a yearly license that shall run from January 1 of the given year and expire on December 31 of the same given year.

(18)

Section 112.5, Refunds, is deleted in its entirety.

(19)

Section 113.4, Right of entry, is deleted in its entirety and the following substituted therefor:

Section 113.4 Right of entry: Except in the case of an emergency or a mutually convenient time agreed to by the owner, operator or occupant or other person in charge of any structure or premises, the Building Inspector or his authorized representative in discharging of his duties, upon showing proper identification where requested, is hereby authorized to enter and inspect, between the hours of 9:00 a.m. and 4:00 p.m., any structure or premises in the Borough of Eddystone to enforce the provisions of this article and of those other applicable codes and ordinances; the assistance and cooperation of all other Borough officials including Police and Fire Departments shall be available to the Building Inspector to assist in the performance of his duties and in securing right of entry. However, the Building Inspector may accept reports of inspection by approved agencies or individuals, and all reports of such inspections shall be in writing and certified by a responsible individual. The Building Inspector may engage such expert opinion as may be deemed necessary to report upon unusual technical issues that may arise subject to the approval of the appointing authority.

(20)

Section 116.4, Violation penalties, is deleted in its entirety and set forth below in § 85-4.

(21)

Section 117.2, Unlawful continuance, is deleted in its entirety and the following substituted therefor:

Section 117.2 Unlawful continuance: Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall constitute a violation and shall be liable to a fine as prescribed in § 85-4 of this article.

(22)

Section 118.1, General (certificate of occupancy), is changed by adding the following subsection:

Section 118.1 (a) Existing buildings and use certificates: Any person, firm or corporation who owns real property within the Borough of Eddystone and desires to sell said property shall first obtain a use and occupancy certificate from the requisite building or housing official of the Borough of Eddystone in accordance with § 97-2 of Chapter 97 of the Code of the Borough of Eddystone, Delaware County, Pennsylvania.

(23)

Section 119.1, Condition, is deleted in its entirety and the following substituted therefor:

Section 119.1 Conditions: All buildings or structures or existing equipment that are or hereafter shall become unsafe, unsanitary or deficient in adequate exit facilities or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare or which involve illegal or improper use, occupancy or maintenance shall be deemed unsafe buildings or structures. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to or part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in the Building Code are hereby designated as unsafe building appendages. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this code. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the code or which alternate procedures as may have been or may be adopted by this jurisdiction. As an alternative, the Building Inspector or other Building Inspector or other building or housing official or other inspector designated by the Borough Council of the Borough of Eddystone may institute any other appropriate action to prevent, restrain, correct or abate the violation.

(24)

Section 121.0, Means of appeal, is deleted in its entirety.

(25)

Section 201.0, General definitions, the definition of "person" shall be deleted and the following substituted therefor:

Person: Any natural person, association, fiduciary, partnership, corporation or other entity. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, or both, the term "person," as applied to an association or partnership, shall include the members thereof and, as applied to a corporation, the officers thereof.

(26)

Section 406.0, Building permits for flood-prone areas and flood-resistive construction, is added to read:

[Amended 11-9-2009 by Ord. No. 626; 12-14-2009 by Ord. No. 627]

SECTION 406.0 BUILDING PERMITS FOR FLOOD-PRONE AREAS AND FLOOD-RESISTIVE CONSTRUCTION
406.1 Legislative intent: The intent of this Section 406.0 is to:
A.	Promote the general health, welfare and safety of the community with regard to construction in flood-prone areas.
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 and its residents by preventing excessive development in areas subject to flow.
406.2 Permit required; exceptions:
A.	It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken the construction, reconstruction, enlargement, alteration or relocation of any building or structure within a flood-prone area as set forth on the attached plan prepared by the Federal Insurance Administration, which is attached hereto and made a part hereof by reference, unless an approved building permit has been obtained from the appropriate Borough Official.
B.	A building permit shall not be required for minor repairs to existing buildings or structures, provided that no structural changes or modifications are involved.
406.3 More restrictive provisions to govern: This Section 406.0 supersedes any provision currently in effect in flood-prone areas. However, any underlying ordinance or section thereof shall remain in full force and effect to the extent that those provisions are more restrictive.
406.4 Municipal liability: The granting of a building permit or approval of a subdivision or land development plan in an identified flood-prone area shall not constitute a representation, guaranty or warranty of any kind by the Borough of Eddystone, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Borough of Eddystone, its officials or employees.
406.5 Permit required prior to construction: Building permits shall be required before any new development, construction, reconstruction, enlargement, alteration or relocation of any building or structure is undertaken.
406.6 Issuance of permit: Prior to the issuance of any building permit pursuant to the provisions of Section 406.0, the applicant shall submit to the appropriate Borough Official any and all necessary permits required by state and/or federal law.
406.7 Contents of application:
A.	Applications for such a building permit shall be made, in writing, to the appropriate Borough Official on forms supplied by the Borough of Eddystone. Such application shall contain at least the following:
	(1)	The name and address of the applicant.
	(2)	The name and address of the owner of land on which proposed construction is to occur.
	(3)	The name and address of the contractor.
	(4)	The location of the site.
	(5)	A brief description of proposed work and estimated cost.
	(6)	A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
B.	If any proposed new construction is located within or adjacent to any flood-prone area, applicants for building permits shall also provide the following specific information:
	(1)	A plan which accurately locates the construction proposal with respect to the flood-prone-area boundaries, stream channel and existing flood-prone developments. Included shall be all plans for proposed subdivision and/or land development to assure that:
		(a)	All such proposals are consistent with the need to minimize flood damage.
		(b)	All public 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.
	(2)	Such plan shall also include existing and proposed contours and elevation of the ground, lowest floor (including basement), storage elevations, size of the structure, location and elevation of streets, water supply, sanitary facilities, soil types and floodproofing measures.
	(3)	A document certified by a registered professional engineer or architect that adequate precautions against flood damage have been taken with respect to the design of any building or structure and that the plans for the development of the site adhere to the requirements and provisions in Section 406.20 of this Section 406.0.
	(4)	Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
		(a)	The elevation of the 100-year flood;
		(b)	The proposed lowest floor elevation of any proposed building based upon the North American Vertical Datum of 1988.
406.8 Review of application and plans by county: A copy of all applications and plans for new construction in any flood-prone area to be considered for approval shall be submitted by the appropriate Borough Official to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the appropriate Borough Official for possible incorporation into the proposed plan.
406.9 Review of applications and plans by others: A copy of all plans and applications for new construction in any flood-prone area to be considered for approval may be submitted by the appropriate Borough Official to any other appropriate agencies and/or individuals, e.g., Planning Commission, Municipal Engineer, etc., for review and comment.
406.10 Changes after issuance of permit: After the issuance of a building permit by the appropriate Borough Official, 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 appropriate Borough Official.
406.11 Placard: In addition to the building permit, the appropriate Borough Official shall issue a placard which shall be displayed on the premises during the time that construction is in progress. This placard shall show the number of the building permit, the date of its issuance and shall be signed by the appropriate Borough Official.
406.12 Start of construction: Work on the proposed construction shall begin within six months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted in writing by the appropriate Borough Official. Construction shall be considered to have started with the first placement of permanent construction on the site, such as the pouring of slabs or footings or any work beyond the state of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation, or the affixing of any prefabricated structure or manufactured home to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling, excavation for basement, footings, piers or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings or the installation of sewer, gas and water pipes or electrical or other service lines from the street.
406.13 Inspection and revocation: During the construction period, the appropriate Borough Official or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Borough of Eddystone laws and ordinances. In the event that the appropriate Borough Official discovers that the work does not comply with the permit application or with any applicable laws and ordinances or that there has been a false statement or misrepresentation by any applicant, the appropriate Borough Official shall revoke the building permit and report such fact to the Borough of Eddystone for whatever action it considers necessary.
406.14 Fees: The present fees for the issuance of a building permit as set forth in Section 114.3, Fee Schedule, shall be applicable to this Section 406.0.
406.15 Notices; hearings; orders; appeals:
A.	Notices. Whenever the appropriate Borough Official or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this Section 406.0, or if any regulation adopted pursuant thereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall be in writing; shall allow a reasonable time for the performance of any act it requires; shall 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 have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state; and shall contain an outline or remedial action which, if taken, will effect compliance with the provisions of this Section 406.0 or any part thereof and with the regulations adopted pursuant thereto.
B.	Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this Section 406.0, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Borough of Eddystone, provided that such person shall file with the Borough of Eddystone Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Borough of Eddystone Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Borough of Eddystone Secretary may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in his judgment, the petitioner has submitted good and sufficient reasons for such postponement.
C.	Findings and order. After such hearing, the Borough Council of the Borough of Eddystone shall make findings as to compliance with the provisions of this Section 406.0 and regulations issued thereunder and shall issue and order, in writing, sustaining, modifying or withdrawing the notice which shall be served as provided in Subsection A of this section.
D.	Record and appeals. The proceedings at such a hearing, including the findings and decision of the Borough Council of the Borough of Eddystone, together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the Borough of Eddystone, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by a decision of the Borough of Eddystone may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.
406.16 Identification of floodplain areas:
A.	Identification. The identified floodplain area shall be those areas of Eddystone Borough which are subject to the 100-year flood, which is identified as Zone A (Area of Special Flood Hazard) in the Flood Insurance Study (FIS) prepared for the Borough by the Federal Emergency Management Agency (FEMA), dated November 18, 2009, and the accompanying maps or the most recent revision thereof as issued by the Federal Emergency Management Agency, including all digital data developed as part of the Flood Insurance Study.
B.	Description of floodplain areas. The identified floodplain area shall consist of the following specific areas:
	(1)	FW (Floodway Area). The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by FEMA. The term shall also include the floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study. For the purposes of this section, the floodway is based upon the criteria that a certain area within the floodplain would be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of the flood more than one foot at any point.
	(2)	FF (Flood-Fringe Area). The remaining portions of the 100-year floodplain in those areas identified as Zone AE in the Flood Insurance Study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the 100-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
	(3)	FE (Special Floodplain Area). The areas identified as Zone AE in the Flood Insurance Study, where 100-year flood elevations have been provided, but no floodway has been delineated.
	(4)	FA (General Floodplain Area). The areas identified as Zone A in the Flood Insurance Study for which no elevations have been provided. When available, information from other federal, state or other acceptable sources shall be used to determine the 100-year elevation, as well as the floodway area, if possible. When no other information is available, the 100-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
406.17 Map showing flood-prone areas: For the purpose of this Section 406.0, the boundaries of the Floodplain District within the Borough of Eddystone are shown on the Flood Insurance Rate Maps (FIRM) provided by the FEMA, which are available for inspection at the offices of the Borough of Eddystone.
406.18 Changes in boundaries of flood-prone areas: For the purposes of this Section 406.0, the boundaries of the Floodplain District may be revised or modified by the Borough Council of the Borough of Eddystone only where necessary because of natural or man-made changes which have occurred and/or where more detailed studies undertaken by a qualified agency or individual may document the need for such revision. All such changes shall be subject to the review and approval of the Federal Insurance Administration.
406.19 Boundary disputes: Should a dispute arise concerning the boundary of the Floodplain District, an initial determination shall be made by the Zoning Officer or Engineer, and any party aggrieved by this decision may appeal to the Borough Council of the Borough of Eddystone. The burden of proof shall be on the appellant.
406.20 Construction regulations: In order to prevent damage to buildings and structures due to conditions of flooding, the following regulations shall apply to all new construction and substantial improvements within the Floodplain District.
A.	Floodway regulations. In the Floodway Area, the following regulations shall apply:
	(1)	No modification, alteration, repair or construction of buildings, structures, fill or any combination of these shall be permitted which would impair its ability to carry and discharge floodwaters or increase the water surface elevation of the 100-year flood.
	(2)	Existing nonconforming structures shall not be expanded but may be otherwise modified, altered or repaired, provided that such measures incorporate floodproofing measures and do not raise the level of the 100-year flood.
		a.	Any modification, alteration, or reconstruction, 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.
		b.	No modification, alteration or reconstruction of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the 100-year flood elevation more than one foot at any point.
	(3)	Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights shall be prohibited.
	(4)	No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.
B.	Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.
C.	Within any FE (Special Floodplain Area) or FA (General Floodplain Area), no new construction or development shall be located within the area measured 50 feet from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.
D.	Within any identified floodplain area or zone, the following elevations and floodproofing (nonresidential) regulations shall apply:
	(1)	First-floor elevations.
		(a)	Nonresidential structures:
			i.	Within any identified floodplain area, 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 by such structure shall remain either completely or essentially dry during any flood up to that height.
			ii.	Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the 100-year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "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.
		(b)	The lowest floor, including basement, of construction of residential structures shall be constructed at an elevation of at least 1 1/2 feet above the level of the 100-year flood.
		(c)	Together with attendant utilities and sanitary facilities, be designed and constructed so that the structure is watertight and shall be capable of withstanding the hydrostatic and hydrodynamic loads and the effects of buoyancy to an elevation of at least 1 1/2 feet above the level of the 100-year flood.
	(2)	Fill. If fill is used, it shall:
		(a)	Extend laterally at least 15 feet beyond the building line from all points.
		(b)	Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
		(c)	Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
		(d)	Be no steeper than one vertical to two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the appropriate Borough Official.
		(e)	Be used to the extent to which it does not adversely affect adjacent properties.
	(3)	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.
	(4)	Anchoring.
		(a)	All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent lateral movement, collapse or flotation, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.
		(b)	All air ducts, large pipes and storage tanks located at or below the first-floor level shall be firmly anchored to prevent flotation.
	(5)	Floors, walls and ceilings.
		(a)	Wood flooring used at or below the first-floor level shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
		(b)	Plywood used at or below the first-floor level shall be of an exterior or marine grade and of water-resistant or waterproof 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)	Window frames, door frames and door jambs used at or below the first-floor level shall be made of metal.
	(6)	Electrical systems.
		(a)	All electric water heaters, electric furnaces, electric air-conditioning and ventilating systems and other critical electrical installations shall be permitted only at elevations of 1 1/2 feet or more above the 100-year flood elevation.
		(b)	No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the 100-year flood elevation.
		(c)	Separate electrical circuits shall serve lower levels and shall be dropped from above.
	(7)	Plumbing.
		(a)	Water heaters, furnaces and other critical mechanical installations shall be permitted only at elevations of 1 1/2 feet or more above the 100-year flood elevation.
		(b)	No part of any on-site sewage disposal system shall be constructed within any flood-prone area.
		(c)	Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the system into floodwaters.
		(d)	All gas and oil supply systems shall be designed to preclude the infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
	(8)	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.
	(9)	Paints and adhesives.
		(a)	Adhesives used at or below the first-floor level shall have a bonding strength that is unaffected by inundation.
		(b)	Doors and all wood trim at or below the first-floor level shall be capable of surviving inundation.
		(c)	Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
	(10)	Storage. No materials that are buoyant, flammable, explosive or, in times of flooding could be injurious to human, animal or plant life shall be stored below an elevation of 1 1/2 feet above the 100-year floodplain.
	(11)	Partially enclosed space below lowest floor. Require, for all new construction and substantial improvements, that partially enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
	(12)	Fully enclosed space below the lowest floor. Fully enclosed space below the lowest floor (including basement) is prohibited.
E.	Manufactured homes. No manufactured home shall be placed within any of the subdistricts of the floodplain.
F.	Altering or relocating watercourse. No watercourse within the Borough of Eddystone shall be altered or relocated unless the following conditions are met:
	(1)	The applicant shall assure the Borough Council of the Borough of Eddystone that the carrying capacity of the watercourse shall be maintained.
	(2)	The applicant shall furnish to the Borough Council of Eddystone evidence that the applicant has notified all adjacent municipalities and the Department of Community and Economic Development of the Commonwealth of Pennsylvania of the alteration or relocation and all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office. Copies of such notifications shall be submitted to the Federal Emergency Management Agency (FEMA).
406.21 Definitions:
A.	General. Unless specifically defined below, words and phrases used in this Section 406.0 shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Section 406.0 its most reasonable application.
B.	As used in this Section 406.0, the following terms shall have the meanings indicated:
	100-YEAR FLOOD or BASE FLOOD — The flood having a one-percent chance of being equaled or exceeding in any given year.
	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.
	BASEMENT — Any area of the building having its floor subgrade (below ground level) on all sides.
	BUILDING — See "structure."
	COMPLETELY DRY SPACE — A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
	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.
	ESSENTIALLY DRY SPACE — A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
	FLOODWAY — The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this section, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
	HISTORIC STRUCTURE — Any structure that is:
		(i)	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;
		(ii)	Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
		(iii)	Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
		(iv)	Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
			(1)	By an approved state program as determined by the Secretary of the Interior; or
			(2)	Directly by the Secretary of the Interior in states without approved programs.
	IDENTIFIED FLOODPLAIN AREA — The floodplain area specifically identified in this section as being inundated by the 100-year flood. Included would be areas identified as Floodway (FW), Flood-Fringe (FF), Special Floodplain (FE) and General Floodplain (FA).
	LAND DEVELOPMENT — The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving a group of two or more buildings; or the division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features; or a subdivision of land.
	LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section.
	MANUFACTURED HOME — A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that is may be used with or without a permanent foundation. The term includes park trailers, travel trailers or other similar vehicles which are placed on a site for more than 180 consecutive days.
	MANUFACTURED HOME PARK — A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
	MINOR REPAIR — The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including any addition, change or modification in construction, exit facilities or permanent fixtures or equipment.
	NEW CONSTRUCTION — Structures for which the start of construction commenced on or after February 2, 1977, and includes any subsequent improvements thereto.
	OBSTRUCTION — Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projected into any channel, watercourse or flood-prone area, which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water, or is placed where the flow of water might carry the same downstream to the damage of life or property.
	RECREATIONAL VEHICLE — A vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
	REGULATORY FLOOD ELEVATION — The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
	STRUCTURE — Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.
	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 transfer or ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more that 10 acres not involving any new street or easement of access shall be exempt.
	SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
	SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are necessary solely to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or on the State Inventory of Historic Places.
406.22 Variances:
A.	It is understood that the literal enforcement of the provisions of this Section 406.0 upon applicants may create hardships upon an applicant which require the Borough Council of the Borough of Eddystone to grant a variance and/or variances to an applicant. No variance and/or variances shall be granted by the Borough Council of the Borough of Eddystone except upon the following criteria:
	(1)	Variances shall not be issued by the Borough Council of the Borough of Eddystone within any designated regulatory floodway if any increase of flood levels during the base flood discharge would result.
	(2)	Variances shall only be issued by Borough Council of the Borough of Eddystone upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
	(3)	Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
B.	The Borough Council of the Borough of Eddystone shall notify the applicant, in writing, over the signature of the President of the Borough Council or his or her designee, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and that such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in Subsection C of this section.
C.	The Borough of Eddystone shall maintain a record of all variance actions, including justification for their issuance, and shall report such variances issued in its annual report submitted to the Federal Insurance Administrator.
406.23 Development which may endanger human life.
A.	The provisions of this section shall be applicable in addition to any other applicable provisions of this Section 406.0 or any other ordinance, code or regulation.
B.	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 will be used for the production or storage of any of the following materials or substances, or which will be used for any activity requiring the maintenance of a supply (more that 550 gallons or other comparable volume, or any amount of radioactive substances) of any of the following materials or substances on the premises, shall be subject to the provisions of this section, in addition to all other applicable provisions:
	(1)	Acetone.
	(2)	Ammonia.
	(3)	Benzene.
	(4)	Calcium carbide.
	(5)	Carbon disulfide.
	(6)	Celluloid.
	(7)	Chlorine.
	(8)	Hydrochloric acid.
	(9)	Hydrocyanic acid.
	(10)	Magnesium.
	(11)	Nitric acid and oxides of nitrogen.
	(12)	Petroleum products (gasoline, fuel, oil, etc.).
	(13)	Phosphorus.
	(14)	Potassium.
	(15)	Sodium.
	(16)	Sulphur and sulphur products.
	(17)	Pesticides (including insecticides, fungicides, and rodenticides).
	(18)	Radioactive substances, insofar as such substances are not otherwise regulated.
C.	Within any floodway area any structure of the kind described in Subsection B above shall be prohibited.
D.	Where permitted in any floodplain area, any structure of the kind described in Subsection B above shall be:
	(1)	Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the 100-year flood elevation; and
	(2)	Designed to prevent pollution from the structure or activity during the course of a 100-year flood.
E.	Any structure or part thereof that will be built below the regulatory flood elevation shall be designed and constructed in accordance with standards for completely dry floodproofing contained in the publication Floodproofing Regulations (United States Army Corps of Engineers, June 1972, as amended March 1992) or with some other equivalent watertight standard.
F.	Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this section.
406.24 Activities requiring special permits:
A.	The provisions of this section shall be applicable in addition to any other applicable provisions of this Section 406.0 or any other ordinance, code or regulation.
B.	Identification of activities requiring a special permit. In accordance with the Pennsylvania Flood Plain Management Act (Act No. 166 of 1978)[2], and regulations adopted by the Department of Community and Economic Development as required by the Act, the following obstructions and activities are permitted only by special permit if located partially or entirely within any identified floodplain area:
	(1)	Hospitals, public or private.
	(2)	Nursing homes, public or private.
	(3)	Jails.
	(4)	New manufactured home parks and manufactured home subdivisions, and substantial improvements to existing manufactured home parks.
C.	Application requirements. Applicants for special permits shall provide five copies of the following items:
	(1)	A written request, including a completed building permit application form.
	(2)	A small scale map showing the vicinity in which the proposed site is located.
	(3)	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 National Geodetic Vertical Datum 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 exiting 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 100-year 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.
		(h)	Any other information which the municipality considers necessary for adequate review of the application.
	(4)	Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at a 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 100-year flood.
		(d)	Detailed information concerning any proposed floodproofing measures.
	(5)	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 100-year flood.
		(c)	A statement, certified by a registered professional engineer, architect, landscape architect or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a 100-year flood, including a statement concerning the effects such pollution may have on human life.
		(d)	A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on the 100-year flood elevations and flows.
		(e)	A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the 100-year flood elevation and the effects such materials and debris may have on the 100-year flood elevation 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 the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
		(h)	Any other applicable permits, such as but not limited to a permit for any activity regulated by the Department of Environmental Protection under § 302 of Act No. 166 of 1978.[3]
		(i)	Any evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of the 100-year flood.
D.	Application review procedures. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to all other applicable permit procedures which are already established:
	(1)	Within three working days following receipt of an 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 recommendation. Copies of the application shall also be forwarded to the Borough Planning Commission and Borough Engineer for review and comment.
	(2)	If an application is received that is incomplete, the Borough shall notify the applicant, in writing, stating in what respects the application is deficient.
	(3)	If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
	(4)	If the Borough 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 mail, within five working days after the date of approval.
	(5)	Before issuing the special permit, the Borough shall allow the Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and the decision made by the Borough.
	(6)	If the Borough does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.
	(7)	If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for disapproval, and the borough shall not issue the special permit.
E.	Technical requirements for development requiring a special permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision shall apply.
	(1)	No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
		(a)	Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located and constructed so that:
			[1]	The structure will service inundation by waters of the 100-year flood without any lateral movement or damage to either the structure itself or to any of its equipment or contents below the 100-year flood elevation.
			[2]	The lowest floor elevation, including basement, will be at least 1 1/2 feet above the 100-year flood elevation.
			[3]	The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100-year flood.
		(b)	Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property.
	(2)	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 Borough and the Department of Community and Economic Development.
F.	Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this section.

[1]

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

[2]

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

[3]

Editor's Note: See 32 P.S. § 679.302.

(27)

Section 514.0, Stormwater management, is added to read:

SECTION 514.0 STORMWATER MANAGEMENT
	514.1 Rooftop storage of stormwater: The design of large roof surfaces shall consider the storage of precipitation on the roof structure in accordance with the criteria and standards adopted in the watershed stormwater management plan.
	514.2 Parking lot surfaces: Parking lots shall be graded with rolled or compacted cinders, gravel or other approved materials, including porous pavement, where feasible.
	514.3 Stormwater drainage of parking lots: The design of parking lots shall consider seepage pits or basins, detention basins, either above or underground, among other methods to control the rate of runoff from stormwater. The design of parking lots shall ensure that runoff be managed to adequately protect health and property from possible injury.
	514.4 Ponding: Roofs shall be designed for the maximum possible depth of water that may be ponded thereon as determined by the relative levels of roof deck and overflow weirs, scuppers, edges or serviceable drains in combinations with the deflected structural elements. Where rooftop storage is being considered for stormwater detention purposes, storage volume shall be designed according to criteria and standards adopted in the watershed stormwater management plan.
	514.5 Stormwater systems, general: Every building in which people live, work or congregate shall be provided with a stormwater system which shall safely collect and release stormwater runoff from building roof surfaces in accordance with the Pennsylvania Stormwater Management Act No. 167._
	514.6 System design: The design of each building's stormwater system shall include those measures necessary to meet the standards for stormwater release established in the watershed stormwater management plan. The design of systems will be included in building plans and approved by the building code enforcement officer.
	514.7 Building permit applications: The building official shall examine or cause to be examined all applications for permits and amendments thereto within a reasonable time after filing. If the application or the plans do not conform to the requirements of all pertinent laws, he/she shall reject such application in writing, stating the reasons therefor. If he/she is satisfied that the application/plans conform to the requirements of this code and all laws and ordinances applicable thereto, he/she shall issue a permit therefor as soon as practicable. The building official shall not issue any permit for construction unless all activities and uses shall comply with the standards and criteria of the Ridley Creek Stormwater Management Plan, as regulated by the Ridley Creek Stormwater Management Ordinance, now in effect or later amended or adopted.

(28)

Section 819.4, Construction, is deleted in its entirety and the following substituted therefor:

819.4 Construction: Exterior stairs, porches and balconies shall be constructed entirely of steel or other approved noncombustible materials with handrails on both sides of stairways and platforms.

(29)

Section 821.3, Construction, is deleted in its entirety and the following substituted therefor:

821.3 Construction: The fire escape shall be designed to support a live load of 100 pounds per square foot (psf) and shall be constructed of steel or other approved noncombustible material.

(30)

Section 1106.1, Uniform live load, is deleted in its entirety and the following substituted therefor:

1106.1 Uniform live load: The plans of all buildings and structures intended for other than residential uses shall specify the live loads for which each floor or part thereof has been designed. The minimum uniformly distributed live load in pounds per square foot (psf) shall be as provided in Table 1106 and for all concentrated loads wherever they occur as provided in Section 1107.0.

(31)

Section 1205.1, Frost protection, is amended by adding the following sentence to the existing section: "The bottom of all footings shall be a minimum of 36 inches below grade in virgin soil."

(32)

Section 2903.1, Notice of unsafe signs, is amended by adding the following sentence to the existing section: "It shall be unlawful to maintain any sign that has been abandoned."