A.
The purpose of these provisions is to prevent the
loss of property and life, the creation of health and safety hazards,
the disruption of commerce and governmental services, the extraordinary
and the unnecessary expenditure of public funds for flood protection
and relief, and the impairment of the tax base by:
(1)
Regulating uses, activities, and development which,
acting alone or in combination with other existing or future uses,
activities and development, will cause unacceptable increases in flood
heights, velocities and frequencies.
(2)
Restricting or prohibiting certain uses, activities,
and development from locating within areas subject to flooding.
(3)
Requiring all those uses, activities, and developments
that do occur in flood-prone areas to be protected and/or floodproofed
against flooding and flood damage.
(4)
Protecting individuals from buying lands and structures
which are unsuited for intended purposes because of flood hazards.
B.
Existing building structures and land uses in the Flood Hazard Area which do not meet the requirements of this chapter are nonconforming uses. See § 185-86.
C.
No development shall be allowed to occur and no alterations
or relocations of any watercourse shall be allowed which diminishes
the flood-carrying capacity of any watercourse.
D.
These regulations are intended to prevent development
or use of the Flood Hazard Area in all ways that will result in any
increase in flood levels within Tullytown during the occurrence of
a one-hundred-year storm.
E.
Applicability. These provisions shall apply to all
lands within the jurisdiction of the Borough of Tullytown and shall
be part of the Official Zoning Map as being located within the boundaries
of any Floodplain District.
F.
Compliance. No structure or land shall hereafter be
used and no structure shall be located, relocated, constructed, reconstructed,
enlarged, or structurally altered except in full compliance with the
terms and provisions of this article and any other applicable ordinances
and regulations which apply to uses within the jurisdiction of this
article and all other applicable codes and ordinances which apply
to structures and uses within the jurisdiction of this article. Zoning,
land development and building permits shall be required before any
construction or development shall be undertaken. Said construction
or development shall be in compliance with federal and state law including
Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. § 1334, as amended.
G.
Warning and disclaimer of liability. The degrees of
flood protection sought by the provisions of this chapter is considered
reasonable for regulatory purposes and is based on acceptable engineering
methods of study. Larger floods may occur on rare occasions. Flood
heights may be increased by man-made or natural causes, such as ice
jams and bridge openings restricted by debris. This chapter does not
imply that areas outside the Floodplain District, or that land uses
permitted within such districts will be free from flooding or flood
damages. This chapter shall not create liability on the part of the
Borough of Tullytown or any officer or employee thereof for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
H.
Overlay concept.
(1)
The Floodplain District described herein shall be
an overlay to the existing underlying districts as shown on the Zoning
Map, and the provisions for the Floodplain District shall serve as
a supplement to the underlying district provisions.
(2)
Where any conflict exists between the provisions or
requirements of the Floodplain District and those of any underlying
district, the more restrictive provisions shall apply.
As used in this article, the following terms
shall have the meanings indicated:
See § 185-68A.
Any area of the building having its floor below ground level
on all sides.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovations,
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.
The Federal Emergency Management Agency, Federal Insurance
Administration.
A general, but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers, or other waters of this commonwealth.
See § 185-68A.
See § 185-68A.
A margin of safety, expressed in feel above the one-hundred-year-flood
elevation.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers and shipbuilding and
ship repair facilities but does not include long-term storage or related
manufactured facilities.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a State Inventory of
Historic Places in states with historic preservation programs which
have been approved by the Secretary of Interior; or
Individually listed on a Local Inventory of
Historic Places in communities with historic preservation programs
that have been certified either:
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required facilities.
For floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after November 1, 1981, and includes any subsequent improvements
thereto.
The National Geodetic Vertical Datum (NGVD) of 1929 or other
datum to which base flood elevations shown on a participating municipality's
National Flood Insurance Map are referenced.
Any structure or assembly of materials including fill above
or below the surface of land or water, and any activity which might
impede, retard or change flood flows. The planting, cultivation, and
harvesting of field and orchard crops, or the grazing of livestock,
including the maintenance of necessary appurtenant agricultural fencing,
shall not be considered an "obstruction" under this definition and
shall not be subject to regulation under these regulations.
A flood that, on the average, is likely to occur every 100
years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur more frequently). Included in this area
are the Floodway (FW) and Flood-Fringe (FF) and Approximated Floodplain
(AF). The one-hundred-year flood is also referred to as "the base
flood."
The one-hundred-year floodway and that maximum area of land
that is likely to be flooded by a one-hundred-year flood as shown
on the floodplain maps provided by FEMA.
The contamination of any waters such as will create a nuisance
to or render such waters harmful, detrimental or injurious to public
health, safety, or welfare; or to domestic, municipal, commercial,
industrial, agricultural, recreational, or other legitimate beneficial
uses; or to livestock, wild animals, birds, fish, or other aquatic
life; including but not limited to such contamination by alteration
of the physical, chemical, or biological properties of such waters,
or change in temperature, taste, color, or odor thereof, or the discharge
of any liquid, gaseous, radioactive, solid, or other substances into
such water.
The one-hundred-year-flood elevation plus a freeboard safety
factor of 1 1/2 feet.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before damage condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to ensure
safe living conditions; or
Any alteration of an "historic structure," provided
that the alteration will not preclude the structure's continued designation
as an "historic structure."
A.
Basis of districts.
(1)
The various Floodplain Districts shall include areas
subject to inundation by waters of the one-hundred-year flood. The
basis for the delineation of these districts shall be the revised
Flood Insurance Study prepared by the Federal Insurance Administration
and Flood Insurance Rate Map (FIRM) dated May 18, 1999.
(a)
The Floodway District (FW) are the areas identified
as "Floodway" in the AE Zone in the Flood Insurance Study prepared
by the FEMA. The term shall also include 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. The Floodway District is hereby made part
of the Tullytown Borough Official Zoning Map.
(b)
The Flood-Fringe District (FF) shall be the
remaining portions of the one-hundred-year floodplain in the areas
identified in the Flood Insurance Study, where a floodway has been
delineated. The basis for the outermost boundary of this district
shall be the one-hundred-year flood elevations contained in the referenced
Flood Insurance Study (FIS) and as shown on the accompanying Flood
Insurance Rate Map.
(c)
The Approximated Floodplain District (FA) shall
be the area identified as Zone A in the Flood Insurance Study for
which no detailed flood profiles or elevations are provided, specifically
in those area shown on the Flood Insurance Study (FIS) as an approximated
floodplain adjacent to Martins Creek, the body of water known as the
"Levittown Lake" in the Lakeside section of the Borough and a small
unnamed privately owned retention pond situated just south of the
municipal boundary line with Falls Township.
(2)
When available, information from other federal, state
and other acceptable sources shall be used to determine the one-hundred-year
elevation, as well as a floodway area, if possible. When no other
information is available, the one-hundred-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.
(3)
In lieu of the above, the municipality 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.
B.
District boundary changes. The delineation of any
of the Floodplain Districts may be revised by the Borough Engineer
where natural or man-made changes have occurred and/or more detailed
studies conducted or undertaken by the US Army Corps of Engineers,
Delaware River Basin Commission, or other qualified agency or individual
documents the notification for such change. However, prior to any
such change, approval must be obtained from the Federal Insurance
Administration (FIA), the Pennsylvania Department of Community and
Economic Development, and the Department of Environmental Protection,
Bureau of Waterways Engineering.
C.
Interpretation of district boundaries. Initial interpretations
of the boundaries of the Floodplain Districts shall be made by the
applicant's engineer, surveyor and/or soils consultant and submitted
to the Zoning Officer and Borough Engineer for their review. Should
a dispute arise concerning the boundaries of any of the districts,
the Zoning Hearing Board shall make the necessary determination. The
person questioning or contesting the location of the boundary shall
be given a reasonable opportunity to present his case to the Board
and to submit his own technical evidence if he so desires.
A.
All uses, activities, and development occurring within
any Floodplain District shall be undertaken only in strict compliance
with the provisions of this chapter and with all other applicable
codes and ordinances such as the Borough Building Code and Borough
Subdivision and Land Development Ordinance.[1]
B.
Under no circumstances shall any use, activity, and/or
development adversely affect the capacity of the channels or floodways
or any watercourse, drainage ditch, or any other drainage facility
or system.
C.
Prior to any proposed alteration or relocation of
any stream, watercourse, etc., within the municipality, a permit shall
be obtained from the Department of Environmental Protection. Further,
by registered mail, notification of the proposal shall be given to
all affected adjacent municipalities by the applicant. Copies of such
notifications shall be forwarded to both the Federal Insurance Administration
and the Department of Community and Economic Development.
A.
In the Floodway District no development shall be permitted
except where the effect of such development on the one-hundred-year
(base) flood heights is fully offset by accompanying improvements
which have been approved by all appropriate local and/or state authorities
as required.
B.
Encroachments, including fill, new construction, substantial
improvements, and other development, are prohibited within the regulatory
floodway unless it has been demonstrated through hydrologic and hydraulic
analysis performed in accordance with standard engineering practice
that the proposed encroachment would not result in any increase in
flood levels during the occurrence of the base flood discharge.
C.
Conditional uses. The following uses and activities
may be permitted as conditional uses, upon petition to and approval
by the Borough Council, provided that they are in compliance with
the provisions of the underlying district and are not prohibited by
any other ordinance:
(1)
Outlet installation for public sewage treatment plants,
water intakes subject to pertinent regulations of the PA Department
of Environmental Protection, outlet installation for private and industrial
wastewater treatment plans and utility easements.
(2)
Water-related uses and activities such as marinas,
docks, wharves, piers, etc. All uses, activities, and structural developments
shall be undertaken in strict compliance with the flood-proofing provisions
contained in this chapter and all other applicable codes and ordinances.
A.
The Flood-Fringe District is an area on the fringe
of the floodway where minor grade changes, minor disturbance of the
land, and construction can be tolerated without significant effect
on the ability of the floodway to carry the waters of one-hundred-year
flood.
B.
Except for those uses detailed below, in the Flood-Fringe District, all land uses permitted by conditional use in the Floodway District may be permitted by conditional use in the Flood-Fringe District. All land uses permitted by right or conditional use in the underlying district and all water and sewer utilities may be permitted in the Flood-Fringe District by approval of the Borough Council in accordance with §§ 185-75, 185-95, 185-96 and the conditions listed below:
(1)
All permit applications shall be reviewed to determine
whether all new construction and substantial improvement shall be:
(a)
Designed (or modified) and adequately anchored
to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
(b)
Constructed with materials resistant to flood
damage;
(c)
Constructed by methods and practices that minimize
flood damages; and
(d)
Constructed with electrical, air-conditioning
equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
(2)
All new construction and substantial improvements
of any residential structure within any Flood-Fringe District shall
require that the lowest floor (including basement) be a least 1.5
feet above the one-hundred-year flood elevation.
(3)
All new construction and substantial improvement of
a nonresidential structure within any Flood-Fringe District shall
require that the lowest floor (including basement) be at least 1.5
feet above the one-hundred-year flood elevation or be designed and
constructed so that the space enclosed by such shall remain either
completely or essentially dry during any flood up to that height.
In no case shall the lowest floor (including basement) be lower than
the one-hundred-year flood elevations.
(4)
Spaces below the lowest floor.
(a)
Fully enclosed space below the lowest floor
(including basement) is prohibited.
(b)
Partially enclosed space below the lowest floor
(including basement) that will be used solely for the parking of a
vehicle, building access, or incidental storage in an area other than
a basement shall be designed and constructed to allow for the automatic
entry and exit of floodwaters for the purpose of equalizing hydrostatic
forces on exterior walls. The term "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;
[1]
A minimum of two openings having a net total
area of not less than one square inch for every square foot of enclosed
space.
[2]
The bottom of all openings shall be no higher
than one foot above grade.
[3]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
(5)
All new construction and substantial improvement of
any kind of nonresidential structure, or part thereof, shall be designed
and constructed to be completely or essentially dry in accordance
with the standards contained in the publication entitled "Flood-Proofing
Regulations" (US Army Corps of Engineers, June 1972, as amended) or
some other equivalent standard for that type of construction. 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.
(6)
A document certified by a registered professional
engineer that states that the proposed construction or development
has been adequately designed and anchored to withstand the one-hundred-year
flood elevations, pressures, velocities, impact, and uplift forces
associated with the one-hundred-year flood shall be submitted. Such
statement shall include a description of the type and extent of floodproofing
measures, including elevation, which have been incorporated into the
design of the modification, alteration, repair, reconstruction or
improvements of any kind of structure and/or the development.
(7)
All air ducts, large pipes, storage tanks, and other
similar objects or components located below the regulatory flood elevation
shall be securely anchored if affixed to prevent flotation.
(8)
For the modification, alteration, repair, reconstruction
or improvements of any kind of structure where filling of the floodplain
is required, the following design and construction standards shall
apply: 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 computed to provide the necessary permeability
and the resistance to erosion, scouring, or settling.
(d)
Be permanently stabilized with an approved groundcover.
(e)
Be no steeper than one vertical to two horizontal,
unless substantiated data justifying steeper slopes and methods to
stabilize them are submitted to and approved by the Borough Engineer.
(f)
Be used to the extent to which it does not adversely
affect adjacent properties.
(9)
Construction materials and components of modification,
alteration, repair, reconstruction or improvement of any kind to a
structure shall comply with the construction codes adopted at the
time of the conditional use approval.
(10)
Electrical components of modifications, alteration,
repair, reconstruction or improvement of any kind to a structure shall
comply with the following standards: Electrical distribution panels
shall be located on the first floor at least three feet above the
one-hundred-year flood elevation.
(11)
Mechanical equipment of modification, alteration,
repair, reconstruction, or improvements of any kind to a structure
shall comply with the following standards: Water heaters, furnaces,
air-conditioning, and ventilating units, and other electrical, mechanical,
or utility equipment or apparatus shall not be located below the one-hundred-year
flood elevation.
(12)
Fuel supply systems of the modification, alteration,
repair, reconstruction or improvement of any kind to a structure shall
comply with the following standards: All gas and oil supply systems
shall be designed to prevent the infiltration of floodwaters into
the system and discharges from the system into floodwaters. Additional
provisions shall be made for the drainage of these systems in the
event that floodwater infiltration occurs.
(13)
No manufactured homes shall be permitted in
the Flood-Fringe District except as a nonconforming use which predates
the enactment of this chapter. When any improvement that is less than
50% of its market value is made to a nonconforming manufactured home,
the entire manufactured home shall be anchored to resist flotation,
collapse, or lateral movement by providing over-the-top and frame
ties to ground anchors in accordance with the American National Standards
as specified in the Standard for the Installation of Mobile Homes,
including Mobile Home Park Requirements (NFPA No. 501A-1974; ANSI
A119.3-1975), as amended, for Mobile Homes in Hurricane Zones or other
appropriate standards.
(14)
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.
(15)
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.
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(16)
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.
(17)
All other utilities such as gas lines, and electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
A.
The Approximate Floodplain District is an area where
flooding is known to exist but where detailed hydraulic and hydrologic
studies have not been completed. The Flood Insurance Rate Map designates
areas believed to be one-hundred-year floodplain based upon approximate
engineering methods.
C.
All land uses permitted by right or conditional approval
in the underlying district may be permitted as conditional uses in
the Approximate Floodplain District when the following conditions
have been met:
(2)
The applicant can provide a report of a registered
professional engineer which locates the floodway on the applicant's
property.
(3)
The applicant demonstrates that the proposed development
or use of the land within the floodway portions of the Approximate
Floodplain District will not result in any increase in flood levels
in Tullytown during the occurrence of a one-hundred-year flood.
(4)
Any development allowed within the approximated floodplain shall be bound by the requirements of § 185-71B(1) through (17).
A.
In accordance with the Pennsylvania Flood Plain Management
Act (Act 166 of 1978, as amended[1]) and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any building or structure
existing at the time of adoption of this chapter in the floodplain
that is being used for the production or storage of any of the following
dangerous materials or substances or that is being used for any activity
requiring the maintenance of a supply (more than 550 gallons of other
comparable volume of any nonradioactive substances or any amount of
radioactive substances) of any of the following dangerous materials
or substances on the premises shall be subject to the provisions of
this article, 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)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides,
and rodenticides).
(18)
Radioactive substances, insofar as such substances
are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
The construction, placement, enlargement, or
expansion of any structure used, or intended to be used, for any of
the following activities shall be prohibited within any floodplain
area:
A.
In considering applications for conditional uses and
variances on matters relating to floodplain regulations, Borough Council
or the Zoning Hearing Board shall consider all relevant factors and
procedures specified in other sections of this chapter and:
(1)
The danger to life and property due to increased flood
heights or velocities caused by encroachments in the floodway. No
special exception or variance shall be granted for any proposed use,
development, or activity within the Floodway District (FW) that will
cause any increase in flood levels during the one-hundred-year flood.
(3)
No variance shall be considered unless the applicant
has provided the Zoning Hearing Board with the following:
(a)
Land development plans and/or building permit
plans which have been previously submitted to Tullytown Borough;
(b)
Copies of the applicable reviews of these plans
by the Department of Environmental Protection, Bucks County Planning
Commission, Tullytown Borough Engineer, and any other agency having
review responsibility;
(c)
Any decisions rendered by the Tullytown Borough
Council regarding the plans or property under consideration.
(4)
A variance shall involve only the least modification
necessary to provide relief.
(5)
The danger that materials may be swept onto other
lands or downstream to the injury of others.
(6)
The proposed water supply and sanitation system and
the ability of these systems to prevent disease, contamination, and
unsanitary conditions.
(7)
The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the individual
owners.
(8)
The importance of the services provided by the proposed
facility to the community.
(9)
The requirements of the facility for a waterfront
location.
(10)
The availability of alternative locations not
subject to flooding for the proposed use.
(11)
The compatibility of the proposed use with the
existing development and development anticipated in the foreseeable
future.
(12)
The relationship of the proposed use to Comprehensive
Plan and Floodplain Management Program for the area.
(13)
The safety of access to the property for ordinary
or emergency vehicles in times of flooding.
(14)
The expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters expected at the
site.
(15)
Such other factors which are relevant to the
purposes of this chapter.
B.
The Borough Council or Zoning Hearing Board shall
refer any application and accompanying documentation pertaining to
any request for a conditional use or variance to the Borough Engineer
or Federal Insurance Administration (FIA) for technical assistance
in evaluating the proposed project in relation to flood heights and
velocities, and the adequacy of the plans for protection and other
related matters.
C.
Conditional use and/or variances shall only be issued
after the Borough Council or Zoning Hearing Board has determined that
the granting of such:
(1)
Will not result in (a) unacceptable or prohibited
increase in flood heights;
(2)
Will not result in additional threats to public safety;
(3)
Will not result in extraordinary public expense;
(4)
Will not create nuisances;
(5)
Will not cause fraud or victimization of the public;
or
(6)
Will not conflict with local laws or ordinances.
D.
In granting any variance, the Zoning Hearing Board
shall attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety and welfare
and to achieve the objectives of this chapter.
E.
A complete record of all variance requests and related
actions shall be maintained by the Borough. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Insurance Administration and the Pennsylvania
Department of Community and Economic Development.
F.
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capacity of resisting
the one-hundred-year flood. Whenever a variance is granted, the Borough
shall notify the applicant in writing that:
Prior to the issuance of any building permit,
the Code Enforcement Officer 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 537, as amended); the
Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);
the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[1] the US Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.; 32 P.S. § 693.1 et seq.; and 35 P.S. § 691.1
et seq., respectively.
A structure or use of a structure or premises
which lawfully existed before the enactment of these provisions, but
which is not in conformity with these provisions may be continued
subject to the following conditions:
A.
Existing structures and/or uses located in any Floodway
District shall not be expanded or enlarged, unless the effect of the
proposed expansion or enlargement on flood heights is fully offset
by accompanying improvements.
B.
Any modification, alteration, repair, reconstruction,
or improvement of any kind to a structure and/or use located in any
Floodplain District to an extent or amount of less than 50% of its
market value shall be elevated and/or floodproofed.
C.
The modification, alteration, repair, reconstruction,
or improvement of any kind to a structure and/or use regardless of
its location in a Floodplain District to an extent or amount of 50%
or more of its market value shall be considered a substantial improvement
and shall be undertaken only in compliance with the provisions of
this and any other applicable ordinance.
D.
Uses or adjuncts thereof that are, or become, nuisances
shall not be permitted to continue.
