[HISTORY: Adopted by the Borough Council
of the Borough of Evans City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-19-1989 as Ord. No. 411 (Art. 1711 of the 1976
Code)]
The intent of this article is to:
A.
Promote the general health, welfare and safety of
the community.
B.
Encourage the utilization of appropriate construction
practices in order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water
supply and natural drainage.
D.
Reduce financial burdens imposed on the community,
its governmental units and its residents by preventing excessive development
in areas subject to flooding.
E.
Comply with federal and state floodplain management
requirements.
A.
It shall be unlawful for any person, partnership,
business or corporation to undertake or cause to be undertaken any
construction or development anywhere within the municipality unless
a building permit has been obtained from the Code Official.
[Amended 8-1-1994 by Ord.
No. 456]
B.
A building permit shall not be required for minor
repairs to existing buildings or structures.
This Article supersedes any other conflicting
provision 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 article, the
more restrictive shall apply.
A.
The degree of flood protection sought by the provisions
of this article is considered reasonable for regulatory purposes and
is based on acceptable engineering methods of study. Larger floods
may occur. Flood heights may be increased by man-made or natural cause,
such as ice jams and bridge openings restricted by debris. This Article
does not imply that areas outside any identified floodplain area or
that land uses permitted within such areas will be free from flooding
or flood damages.
B.
This Article shall not create liability on the part
of the municipality or any officer or employee thereof for any flood
damages that result from reliance on this article or any administrative
decision lawfully made thereunder.
Building permits shall be required before any
construction or development is undertaken within any area of the borough.
A.
The Code Official shall issue a building 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.
[Amended 8-1-1994 by Ord.
No. 456]
B.
Prior to the issuance of any building permit, the
Code Official shall review the application for permit to determine
if all other necessary government permits required by state and federal
laws have been obtained, such as those required by the Pennsylvania
Sewage Facilities Act (Act 1966-537, as amended[1]); the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended[2]); the Pennsylvania Clean Steams Act (Act 1937-394, as
amended[3]); and the U.S. Clean Water Act, Section 404, 33, U.S.C.
1344. No permit shall be issued until this determination has been
made.
[Amended 8-1-1994 by Ord.
No. 456]
C.
No encroachment, alteration or improvement of any
kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the municipality
and until all required permits or approvals have been first obtained
from the Department of Environmental Resources, Bureau of Dams and
Waterway Management. In addition, the Federal Insurance Administrator
and Pennsylvania Department of Community Affairs, Bureau of Community
Planning, shall be notified by the municipality prior to any permit
issued for alteration or relocation of any watercourse.
[Amended 8-1-1994 by Ord.
No. 456]
A.
Application for such a building permit shall be made
in writing to the Code Official on forms supplied by the borough.
Such application shall contain the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the land on which
the proposed construction is to occur.
(3)
The name and address of the contractor.
(4)
Site location.
(5)
A listing of other permits required.
(6)
A brief description of the proposed work and estimated
costs.
(7)
A plan of the site showing the exact size and location
of the proposed construction as well as any existing buildings or
structures.
B.
Location within floodplain.
(1)
If any proposed construction or development is located
entirely or partially within any identified floodplain area, applicants
for building permits shall provide all the necessary information in
sufficient detail and clarity to enable the Code Official to determine
that:
(a)
All such proposals are consistent with the need to
minimize flood damage and conform with the requirements of this article
and all other applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas,
electrical and water systems, are located and constructed to minimize
or eliminate flood damage; and
(c)
Adequate drainage is provided so as to reduce exposure
to flood hazards.
(2)
Applicants shall file the following minimum information
plus any other pertinent information as may be required by the Code
Official to make the above determination:
(a)
A completed building 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:
[1]
North arrow, scale and date.
[2]
Topographic contour lines.
[3]
All property and lot lines, including dimensions
and the size of the site expressed in acres or square feet.
[4]
The location of all existing and proposed buildings,
structures and other improvements, including the location of any existing
or proposed subdivision and land development.
[5]
The location of all existing streets, drives
and other accessways.
[6]
The location of any existing bodies of water
or watercourses, identified floodplain areas and, if available, information
pertaining to the floodway and the flow of water, including direction
and velocities.
(c)
Plans of all proposed buildings, structures, landfills,
dumps, mines, toxic waste sites and other improvements, drawn at suitable
scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed
building based upon National Geodetic Vertical Datum of 1929;
[2]
The elevation of the one-hundred-year flood;
[3]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a one-hundred-year flood; and
[4]
Detailed information concerning any proposed
floodproofing measures.
(d)
The following data and documentation:
[1]
Documentation, certified by a registered professional
engineer or architect, to show that the cumulative effect of any proposed
development within an AE Area/District, when combined with all other
existing and anticipated development, will not increase the elevation
of the one-hundred-year flood more than one foot at any point.
[2]
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 one-hundred-year
flood. Such statement shall include a description of the type and
extent of the floodproofing measures which have been incorporated
into the design of the structure and/or the development.
[3]
Detailed information needed to determine compliance with § 66-23F, Storage, and § 66-24, Development which may endanger human life, including the amount, location and purpose of any dangerous materials or substances which are intended to be used, produced, stored or otherwise maintained on site; and 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 § 66-24 during a one-hundred-year flood.
[4]
The appropriate component of the Department
of Environmental Resources' Planning Module for Land Development.
[5]
Where any excavation or grading is proposed,
a plan meeting the requirements of the Department of Environmental
Resources to implement and maintain erosion and sedimentation control.
[Amended 8-1-1994 by Ord.
No. 456]
A copy of all applications and plans for any
proposed construction or development in any identified floodplain
area to be considered for approval shall be submitted by the applicant
to the Butler 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 Code Official
for possible incorporation into the proposed plan.
[Amended 8-1-1994 by Ord.
No. 456]
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 Code Official
to any other appropriate agencies and/or individuals (e.g., Planning
Commission, Municipal Engineer, etc.) for review and comment.
[Amended 8-1-1994 by Ord.
No. 456]
After the issuance of a building permit by the
Code 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
Code Official. Requests for any change shall be in writing and shall
be submitted by the applicant to Code Official for consideration.
[Amended 8-1-1994 by Ord.
No. 456]
In addition to the building permit, the Code
Official 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 building permit and the date of its issuance and
be signed by the Code Official.
[Amended 8-1-1994 by Ord.
No. 456]
A.
Work on the proposed construction and/or development
shall begin within six months and shall be completed within 12 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 Code
Official. Construction and/or development shall be considered to have
started with the preparation of land, land clearing, grading, filling,
excavation of 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.
B.
Time extensions shall be granted only if a written
request is submitted by the applicant, which sets forth sufficient
and reasonable cause for the Code Official to approve such a request
and time required for completion.
[Amended 8-1-1994 by Ord.
No. 456]
A.
During the construction period, the Code Official
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 shall make as many inspections during and upon completion
of the work as are necessary.
B.
In the discharge of his duties, the Code Official
shall have the authority to enter any building, structure, premises
or development on the identified flood-prone area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
C.
In the event that the Code Official 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 Code Official shall revoke the building permit
and report such fact to the Borough Council for whatever action it
considers necessary.
D.
A record of all such inspections and violations of
this article shall be maintained.
[Amended 8-1-1994 by Ord.
No. 456]
Applications for a building permit shall be accompanied by a fee, payable to the municipality at the rates set forth in Chapter A200, Fees.
[Amended 8-1-1994 by Ord.
No. 456]
A.
Notices. Whenever the Code 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
article or any regulation adopted pursuant thereto, the Code Official
shall give notice of such alleged violation as hereinafter provided.
Such notice shall be in writing; include a statement of the reasons
for its issuance; allow a reasonable time not to exceed a period of
30 days for the performance of any act it requires, provided, however,
that nothing in this section shall require notice of the expiration
of any permit issued under the provisions of this article; 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 contain an outline of remedial action which,
if taken, will effect compliance with the provisions of this article.
B.
Any person who fails to comply with any or all of
the requirements or provisions of this article or who fails or refuses
to comply with any notice, order or direction of the Code Official
or any other authorized employee of the municipality shall be guilty
of an offense and, upon conviction, shall pay a fine to borough of
not more than $1,000, plus costs of prosecution. In default of such
payment, such person shall be imprisoned in the county prison for
a period not to exceed 30 days. Each day during which any violation
of this article continues shall constitute a separate offense. In
addition to the above penalties, all other actions are hereby reserved,
including an action in equity for the proper enforcement of this article.
The imposition of a fine or penalty for any violation or noncompliance
with this article shall not excuse the violation or noncompliance
or permit it to continue, and all such persons shall be required to
correct or remedy such violations and noncompliances within a reasonable
time. Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered or relocated in noncompliance with
this article may be declared by the Borough Council to be a public
nuisance and abatable as such.
[Amended 8-1-1994 by Ord.
No. 456]
A.
Any person aggrieved by an action or decision of the
Code Official concerning the administration of the provisions of this
article may appeal to the Code Management and Appeal Board. Such appeal
must be filed, in writing, within 30 days after the decision or action
of the Code Official.
B.
Upon receipt of such appeal, the Code Management and
Appeal Board shall set a time and place, within not less than 10 nor
more than 30 days, for the purpose of considering the appeal. Notice
of the time and place at which the appeal will be considered shall
be given in writing to all parties.
C.
After such hearing, the Evans City Code Management
and Appeal Board shall sustain, modify or withdraw the action or decision.
If the Evans City Code Management and Appeal Board sustains or modifies
such action or decision, it shall be deemed to be an order.
The identified floodplain area shall be those
areas of the borough which are subject to the one-hundred-year flood,
as shown on the Flood Insurance Rate Map (FIRM) which accompanies
the Flood Insurance Study (FIS) prepared for the borough by the Federal
Emergency Management Agency (FEMA), preliminarily dated June 27, 1988,
and to become final April 17, 1989, or the most recent revision thereof.
A.
The identified floodplain area shall consist of the
following two specific areas/districts:
(1)
The AE Area/District shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which one-hundred-year-flood elevations have been provided in
the FIS.
(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-hundred-year-flood elevations have been provided.
For these areas, elevation and floodway information from other federal,
state or other acceptable sources 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.
B.
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.
[1]
Editor's Note: The FIA Flood Hazard Boundary
Map available for inspection in the borough offices.
The identified floodplain area may be revised
or modified by the Borough Council where studies or information provided
by a qualified agency or person documents the need for such revision.
However, prior to any such change, approval must be obtained from
the Federal Insurance Administration (FIA).
[Amended 8-1-1994 by Ord.
No. 456]
Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the municipality
Planning Commission, and any party aggrieved by this decision may
appeal to the Code Management and Appeal Board. The burden of proof
shall be on the appellant.
A.
In the identified floodplain area, the development
and/or use of any land shall be permitted, provided that the development
and/or use complies with the restrictions and requirements of this
article and all other applicable codes and ordinances in force in
the borough.
B.
Within any floodway area, no new construction or development
shall be permitted that would cause any increase in the one-hundred-year-flood
elevation.
C.
Within any AE Area/District, 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
one-hundred-year flood more than one foot at any point.
D.
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.
E.
Within any identified floodplain area, the elevation
of the lowest floor (including basement) of any new or substantially
improved residential structure shall be one and one-half (1 1/2)
feet or more above the one-hundred-year-flood elevation.
F.
Within any identified floodplain area, the elevation
of the lowest floor (including basement) of any new or substantially
improved nonresidential structure shall be one and one-half (1 1/2)
feet or more above the one-hundred-year-flood elevation or be floodproofed
up to that height. Any nonresidential structure or part thereof having
a lowest floor (including basement) which is not elevated to at least
one and one-half (1 1/2) feet above the one-hundred-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 United States Army Corps of Engineers (June 1972)
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.
G.
Enclosed areas below the lowest floor (including basement)
are prohibited.
Within any AE Area/District, 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 one-hundred-year flood more than one foot at
any point.
The following minimum standards shall apply
for all construction and development proposed within any identified
floodplain area.
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building
line from all points.
(2)
Consist of permeable soil or small rock materials
only. Sanitary landfills shall not be permitted.
(3)
Be compacted to provide the necessary permeability
and resistance to erosion, scouring or settling.
(4)
Be no steeper than one vertical to two horizontal
feet unless substantiated data justifying steeper slopes are submitted
to and approved by the Code Official.
[Amended 8-1-1994 by Ord.
No. 456]
(5)
Be used to the extent to which it does not adversely
affect adjacent properties.
B.
Drainage facilities. Storm drainage facilities shall
be designed to convey the flow of stormwater runoff in a safe and
efficient manner. The system shall 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.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed
to prevent the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it or contamination from it during a flood.
D.
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.
E.
The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable or explosive or which, in times of flooding, could be injurious to human, animal or plant life and are not listed in § 66-24, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G.
Placement of building structures. All buildings and
structures shall be designed, located and constructed so as to offer
the minimum obstruction to the flow of water and shall be designed
to have a minimum effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored
in accordance with the accepted engineering practices to prevent flotation,
collapse or lateral movement.
(2)
All air ducts, large pipes, storage tanks and other
similar objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood
elevation shall be installed to accommodate a lateral expansion of
the flooring perpendicular to the flooring grain without causing structural
damage to the building.
(2)
Plywood used at or below the regulatory flood elevation
shall be of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood
elevation shall be designed and constructed of materials that are
water-resistant and which will withstand inundation.
(4)
Windows, doors and other components at or below the
regulatory flood elevation shall be made of metal or other water-resistant
material.
J.
Paints and adhesives.
(1)
Paint or other finishes used at or below the regulatory
flood elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation
shall be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.)
shall be finished with a marine or water-resistant variety.
L.
Equipment. Water heaters, furnaces, air-conditioning
and ventilating units and other mechanical or utility equipment or
apparatus shall not be located below the regulatory flood elevation.
M.
Fuel supply systems. All gas and oil supply systems
shall be designed to prevent the infiltration of floodwaters into
the system and discharges from the system into floodwaters. Additional
provision shall be made for the drainage of these systems into approved
containers in the event that the floodwater infiltration occurs.
A.
In accordance with the Pennsylvania Flood Plain Management
Act[1] and the regulations adopted by the Department of Community
Affairs 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 which will be
used for any activity requiring the maintenance of a supply of more
than 165 gallons or other comparable volume of any of the following
dangerous materials or substances on the premises or which 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 or lubricating
oil, etc.)
|
|
Phosphorus
|
|
Potassium
|
|
Sodium
|
|
Sulfur and sulfur products
|
|
Pesticides (including insecticides, fungicides
and rodenticides)
|
|
Radioactive substances, insofar as such substances
are not otherwise regulated
|
|
Any other material or substance which has been
demonstrated to be dangerous to human life
|
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
B.
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be:
C.
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 (United States
Army Corps of Engineers, June 1972) or with some other equivalent
watertight standard.
D.
Where permitted within any identified floodplain area,
all manufactured homes and additions thereto shall be:
In accordance with the administrative regulations
promulgated by the Department of Community Affairs to implement the
Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any
identified floodplain area.
B.
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.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when improvement is made to any existing structure, the provisions of § 66-27 shall apply.
The following provisions shall apply whenever
any improvement is made to an existing structure located within any
identified floodplain area:
A.
No expansion or enlargement of an existing structure
shall be allowed within any floodway area that would cause any increase
in the elevation of the one-hundred-year flood.
B.
No expansion or enlargement of an existing structure
shall be allowed within any AE Area/District that would, together
with all other existing and anticipated development, increase the
one-hundred-year-flood elevation more than one foot at any point.
C.
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 article.
D.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
If compliance with any of the requirements of
this article would result in an exceptional hardship to the applicant,
the municipality may, upon request of the applicant, grant relief
from the strict application of the requirements.
A.
Requests for variances shall be considered by the municipality in accordance with the procedures contained in § 66-16 and the following:
(1)
No variance shall be granted for any construction,
development, use or activity within any floodway area that would cause
any increase in the one-hundred-year-flood elevation.
(2)
No variance shall be granted for any construction,
development, use or activity within any AE Area/District that would,
together with all other existing and anticipated development, increase
the one-hundred-year-flood elevation more than one foot at any point.
(3)
If granted, a variance shall involve only the least
modification necessary to provide relief.
(4)
In granting any variance, the municipality 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 article.
(6)
In reviewing any request for variance, the municipality
shall consider, at a minimum, the following:
(a)
That there is a good and sufficient cause.
(b)
That failure to grant the variance would result
in exceptional hardship to the applicant.
(c)
That the granting of the variance will neither
result in an unacceptable or prohibited increase in flood heights,
additional threats to public safety or extraordinary public expense,
nor create nuisances, cause fraud on or victimize the public or conflict
with any other applicable state or local ordinances and regulations.
(8)
A complete record of all variance requests and related
actions shall be maintained by the municipality. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Insurance Administration.
B.
Notwithstanding any of the above, however, all structures
shall be made, designed and constructed so as to have the capability
of resisting the one-hundred-year flood.
Unless specifically defined below, words and
phrases used in this article shall be interpreted so as to give this
article its most reasonable application. As used in this article,
the following terms shall have the meanings indicated:
A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
Evans City Borough, Butler County, Pennsylvania.
[Amended 8-1-1994 by Ord.
No. 456]
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.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations and the
subdivision of land.
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to partial
or completed inundation from an adjoining or nearby stream, river
or watercourse; and/or any area subject to the usual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
article, the "floodway" shall be capable of accommodating a flood
of the one-hundred-year magnitude.
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 it may be used with or
without a permanent foundation. The term includes park trailers, travel
trailers, recreational and other similar vehicles which are placed
on a site for more than 180 consecutive days.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, 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, alterations of, replacement or relocation
of any standpipe, water supply, sewer drainage, drain leader, gas,
soil, waste, vent or similar piping, electrical wiring or mechanical
or other work affecting public health or general safety.
A flood that, on the average, is likely to occur once every
100 years, (i.e., that has one-percent chance of occurring each year,
although the flood may occur any year).
The one-hundred-year-flood elevation plus a freeboard safety
factor of one and one-half (1 1/2) feet.
A special approval which is required for those uses designated in § 66-25, when such development is located in all or a designated portion of a floodplain.
[Amended 8-1-1994 by Ord.
No. 456]
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.
The division or redivision of a lot, tract or parcel of land
by any means in 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 of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels more than 10 acres,
not involving any new street or easement of access or residential
dwellings, shall be exempted.
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.
[Adopted 10-1-1990 as Ord. No. 421 (Art. 1701 of the 1976
Code); amended in its entirety 8-1-1994 by Ord. No. 456]
The BOCA National Building Code, Twelfth Edition,
1993, as published by the Building Officials and Code Administrators
International, Inc., is hereby adopted as the Building Code of the
Borough of Evans City, Butler County, Pennsylvania, for the control
of buildings and structures as herein provided; and each and all of
the regulations, provisions, penalties, conditions and terms of said
BOCA National Building Code are hereby referred to, adopted and made
a part hereof as if fully set forth in this article, with the additions,
insertions, deletions and changes, if any, set forth in the following
sections.
The BOCA National Building Code, Twelfth Edition,
1993, adopted herein is hereby modified by the amendment, enactment
or deletion of the following sections as respectively indicated, which
modifications are hereby adopted as set forth herein:
A.
Amend Section 101.1, Title, to read as follows: "These
regulations shall be known as the Building Code of the Borough of
Evans City, hereinafter referred to as `this code.'"
C.
Amend Section 112.3.1, Fee schedule, to read as follows: "A fee for each plan examination, building permit and inspection shall be paid in accordance with Chapter A200, Fees, of the Code of the Borough of Evans City."
D.
Amend Section 116.4, Violation penalties, to read
as follows: "Any person who shall violate a provision of this code
or who shall fail to comply with any of the requirements thereof or
who shall erect, construct, alter or repair a building or structure
in violation of an approved plan or directive of the Code Official
or of a permit or certificate issued under the provisions of this
code shall be guilty of a summary offense punishable by a fine of
not more than $1,000, plus costs of prosecution for each offense,
or by imprisonment not exceeding 30 days, or both such fine and imprisonment.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense."
E.
Amend Section 117.2, Unlawful continuance, to read
as follows: "Any person who shall continue any work in or about the
structure having been served with a stop-work order, except such work
as that person is directed to perform to remove a violation or unsafe
conditions, shall be liable to a fine of not less than $300 nor more
than $1,000"
F.
Delete Section 119.0, Unsafe structures and equipment. See Chapter 70, Buildings, Dangerous, of the Code of the Borough of Evans City.
G.
Amend Section 121.1, Application for appeal, to be entitled "Appeals procedure" and to read as follows: "Appeals shall be taken as set forth in § 66-16, Appeals, of the Code of the Borough of Evans City."
H.
Delete Sections 121.2 through 121.7.
I.
Amend the first sentence of Section 3408.2, Applicability,
to read as follows: "Structures existing prior to the effective date
of this code in which there is work involving additions, alterations
or changes of occupancy shall be made to conform to the requirements
of this section or the provisions of Sections 3403.0 through 3407.0."
Nothing is this article or in the Building Code
hereby adopted shall be construed to affect any suit or proceeding
pending in any court or any rights acquired or liability incurred
or any cause or causes of action acquired or existing under any previously
adopted ordinance, nor shall any just or legal right or remedy of
any character be lost, impaired or affected by this article.
