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:
APPROXIMATED FLOODPLAIN
See § 185-68A.
BASEMENT
Any area of the building having its floor below ground level on all sides.
DEVELOPMENT
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.
FEMA
The Federal Emergency Management Agency, Federal Insurance Administration.
FLOOD
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.
FLOOD-FRINGE AREA
See § 185-68A.
FLOODWAY
See § 185-68A.
FREEBOARD
A margin of safety, expressed in feel above the one-hundred-year-flood elevation.
FUNCTIONALLY DEPENDENT USE
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.
HISTORIC STRUCTURE
Any structure that is:
A. 
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;
B. 
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;
C. 
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
D. 
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.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when 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.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after November 1, 1981, and includes any subsequent improvements thereto.
MEAN SEA LEVEL
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.
OBSTRUCTION
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.
ONE-HUNDRED-YEAR FLOOD
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."
ONE-HUNDRED-YEAR FLOODWAY OR FLOODPLAIN
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.
POLLUTION
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.
REGULATORY FLOOD ELEVATION
The one-hundred-year-flood elevation plus a freeboard safety factor of 1 1/2 feet.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
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:
A. 
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
B. 
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]
[1]
Editor's Note: See Ch. 65, Construction Codes, and Ch. 153, Subdivision and Land Development, respectively.
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.
B. 
All land uses which are listed as conditional uses in the Floodway District may be permitted as conditional uses in the Approximate Floodplain District, provided they meet the requirements for conditional uses contained in §§ 185-75, 185-95 and 185-96.
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:
(1) 
The proposed use of land meets the requirements for conditional uses contained in §§ 185-75, 185-95 and 185-96.
(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.
B. 
Within any identified floodplain areas, any activity of the kind described in Subsection A above shall be prohibited.
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.
(2) 
No variance shall be granted for any of the other requirements of § 185-73, Development which may endanger human life. Likewise, no variance shall be granted for those activities listed in § 185-74 above.
(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:
(1) 
The granting of the variance may result in increased premium rates for flood insurance; and
(2) 
Such variances increase the risk to life and property.
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.