Borough of Monaca, PA Article VIII Floodplain Management [1]

[1] Editor's Note: See also Ch. 131, Flood Damage Prevention, and Ch. 199, Stormwater Management.

§ 245-50 Purpose.

A. Certain areas of Monaca Borough are subject to periodic flooding and/or mudslides from streams and other waters causing damage to properties and improvements within the reach of such waters.

B. Monaca desires the insurance coverage for its citizens, residents and properties within the Borough offered by the National Flood Insurance Act of 1968, as amended, to protect against loss resulting from flooding and/or mudslides.

C. The Borough Council of Monaca Borough has determined to participate in the National Flood Insurance Program.

D. Regulations promulgated by the Federal Insurance Administrator under the National Flood Insurance Act of 1968, as amended, require the Borough Council to enact adequate regulations of land use for those areas subject to the hazards of flooding or mudslides consistent with the criteria set forth in Section 1910 of the National Flood Insurance Program Regulations, as amended.

§ 245-51 Adoption of Borough floodplain/flood-prone maps.

A. The boundaries of floodplain or flood-prone areas within the Borough of Monaca are shown and detailed in the Federal Emergency Management Agency Flood Insurance Rate Map, bearing the date of December 4, 1979, and consisting of one sheet designated as a "panel" and further identified by Community - Panel Number 420114 0001 B. Said Flood Insurance Rate Map and any revisions thereto are hereby deemed and declared a part of this chapter, and same are incorporated herein by reference and are hereby adopted as the Borough of Monaca Floodplain/Flood-Prone Map.

B. Said Floodplain/Flood-Prone Map may be revised from time to time due to the occurrence of natural or man-made changes causing changes in floodplain or flood-prone areas and/or due to more detailed studies conducted or undertaken by the United States Army Corps of Engineers, a River Basin Commission or other qualified agency or individual which documents the need for a change; provided however, that prior to such revision, approval thereof must be obtained from or be directed by the Federal Insurance Administration or its successor, and, upon such approval or directive being made, such floodplain and/or flood-prone areas and/or maps shall be deemed applicable hereto and made part hereof.

C. The Floodplain/Flood-Prone Map shall be an overlay to the zoning districts established by this this chapter, and the provisions of this section shall supplement and be in addition to all other applicable requirements established by this chapter for each zoning district involved.

D. The various classifications of flood-prone areas delineated in the Flood Insurance Study referenced in Subsection A above are as follows:

(1) The FW (Floodway Area).

(a) The FW (Floodway Area) shall be delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this area are specifically defined in the Floodway Data Table contained in the above-referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map.

(b) Within any FW (Floodway Area), the following provisions apply:

[1] Any new construction, development, use, activity or encroachment that would cause any increase in flood heights shall be prohibited.

[2] No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.

(2) The FF (Flood-Fringe Area). The FF (Flood-Fringe Area) shall be that area of the one-hundred-year floodplain not included in the floodway. The basis for the outermost boundary of this district shall be the one-hundred-year-flood elevations contained in the flood profiles as shown on the Flood Boundary and Floodway Map.

(3) The FA (General Floodplain Area). The FA (General Floodplain Area) shall be that floodplain area for which no detailed flood elevations or floodway information is provided. For these areas, elevation and floodway information from other federal, Commonwealth of Pennsylvania or other acceptable source shall be used when available. When such 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.

§ 245-52 Regulation of floodplain/flood-prone areas.

A. Any new development, substantial improvement, construction, uses or activities undertaken or allowed within any identified floodplain or flood-prone area shall be undertaken in strict compliance with the provisions of this section of this chapter and all other applicable laws, codes, ordinances or regulations. In the event that there is a conflict between the provisions of this section and any other provisions of this this chapter, the more restrictive provisions will apply.

B. No development or substantial improvement shall be commenced or undertaken in any floodplain or flood-prone area until a floodplain permit or a special floodplain permit is issued therefor by the Zoning Officer. Such floodplain permit or special floodplain permit shall be an additionally required permit to any of the permits that may be required by Article X of this this chapter or any other ordinance of the Borough of Monaca.

§ 245-53 Application for floodplain permit.

An application for a floodplain permit shall be submitted to the Borough of Monaca, with one original and six copies thereof, together with a fee in accordance to a fee schedule adopted and set by resolution of the Borough Council from time to time.[1] Such application for a floodplain permit shall include and provide all the necessary information in sufficient detail and clarity to enable the Council of Monaca Borough and/or its designated agents, officers, personnel or other agency or commission that such application may be referred to for review and comment by said Council to determine that the proposed development or substantial improvement, construction, use or activity is consistent with the need to minimize flood damage and conform with the requirements of this chapter and all other applicable laws, regulations and/or ordinances of the Commonwealth of Pennsylvania and/or the Borough of Monaca; that all utilities and facilities as may be involved, including but not limited to sewer, gas, electric and water systems, are and shall be located and constructed to minimize or eliminate flood damage; and that adequate drainage is or shall be provided so as to reduce exposure to flood. Such application for a floodplain permit, in addition to the foregoing requirements of including pertinent data and information, shall include and contain the following information:

A. The name and address of the applicant.

B. The name and address of the owner of the land involved.

C. A brief description of the proposed development, substantial improvement, construction, use or activity proposed and the estimated cost thereof.

D. A location plan map that clearly identifies the entire project site in relation to the municipal boundaries of Monaca Borough.

E. A detailed set of plans of the entire project site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less as may be necessary to display the details hereinafter required, which set of plans shall show and include the following:

(1) North arrow, scale and date of preparation.

(2) A clear identification of the floodplain or flood-prone portion of the project site or that the total project site is within a floodplain or flood-prone area.

(3) Topographic contour lines of the entire site at intervals to indicate differences of not less than 20 feet in elevation in nonfloodplain or non-flood-prone areas of the project site and one-foot differences in elevation in the floodplain or flood-prone areas of the project site.

(4) The location of all existing structures, streets, drives and other accessways, bodies of water or watercourses, surface water drainage conditions, direction of flow thereof and velocity and quantity as to all such existing water bodies or courses within the project site.

(5) The proposed location of any new structures, streets, drives and other accessways, utility, sewage and/or water supply facilities or other improvements, including but not limited to surface water drainage slopes or courses that are desired to be implemented therewith on the project site.

F. As to any proposed building, structure or other improvements of the project site, or as to any existing building, structure or other improvement that will be retained on the project site per the concept of the proposed development, a set of plans as to each such building, structure or other improvement, drawn at a suitable scale, as necessary to show:

(1) The lowest floor elevation of any proposed building or structure and the lowest floor elevation of any existing building or structure that will be retained or remain in existence as a part of the proposed development or substantial improvement, construction, use or activity for which the floodplain permit is sought, which lowest floor elevation shall be based upon the National Geodetic Vertical Datum of 1929.

(2) The one-hundred-year-flood elevation as to such buildings or structures, particularly in reference to the lowest floor level thereof.

(3) Detailed information concerning any proposed flood-proofing measures.

(4) Detailed information displaying and identifying that any proposed building or structure, or alteration or remodeling of an existing building or structure, shall and will be accomplished in such manner and according to such specifications as may be required now, or hereafter, at the time of approval of an application for the floodplain permit, in a floodplain or flood-prone area, by any law, regulation or ordinance now or hereafter enacted, adopted or promulgated by the Commonwealth of Pennsylvania or any of its agencies, the Federal Insurance Administration or other federal agency and/or the Borough of Monaca.

G. A written certification by registered professional engineers and/or architects that states and assures that the proposed development, substantial improvement, construction, uses or activities involved and detailed in the application for the floodplain permit:

(1) Have been adequately designed to withstand the one-hundred-year-flood elevation, pressures, velocities, impact and uplift forces associated with the one-hundred-year-flood elevation as shall be determined in accordance to the requirements of this chapter.

(2) Comply with all requirements of this chapter and all applicable laws, codes and regulations as promulgated and enacted by the United States Government, the Commonwealth of Pennsylvania or their agencies, departments and/or bureaus, as shall be in effect at the time of the application being submitted for review and consideration, and further that:

(a) Any proposed structure or proposed alteration of an existing structure is designed to fully protect the health and safety of the general public and any occupants thereof and that such structure is designed to survive inundation by waters of the one-hundred-year-flood elevation without any lateral movement or damage to either the structure itself or to any of its equipment and contents, with the ability to provide inside refuge for occupants for an indefinite period of time so as to permit safe evacuation of such occupants; and

(b) No facet of the proposal will cause any unlawful increase of the one-hundred-year-flood elevation.

H. An application for a floodplain permit shall be reviewed by the Zoning Officer and the Council of Monaca Borough and shall either be granted preliminary approval, final approval or be denied within 90 days following the first general public meeting of the Borough Council held after receipt of the application and required fee.

(1) The decision of preliminary approval, final approval or denial of the application for a floodplain permit must be sent to the applicant, in writing, by the Borough within 15 days after the decision is made. Reasons for denial or for preliminary approval, only the latter being due to conditions or items that must be completed before final approval will be granted, shall be included in said written notice to the applicant.

(a) If preliminary approval only is granted, the applicant shall have six months, unless an extension of time is requested and granted by the Zoning Officer, from the date of the written notice by the Borough to complete the designated conditions or items and submit compliance data to the Borough, otherwise the application for floodplain permit shall be deemed denied.

(b) Written notice required herein may be personally delivered to the applicant or mailed, by regular mail, to the applicant at the address designated by the applicant on the application for the floodplain permit. The deposit of such written notice so addressed in the United States postal system is deemed and hereby declared delivery of same to the applicant.

(c) Upon receipt of the application for a floodplain permit, in the form as above required with the certification of the applicants registered engineer and/or architect therein included, the Borough shall forward, for review purposes only, one complete copy thereof to the Borough Planning Commission, the Beaver County Planning Commission, the Borough Engineer and to any other entity or person that it deems advisable for review and comment thereon.

(d) A floodplain permit may be revoked in the event that a permit holder fails to adhere to the requirements of this chapter, applicable codes, regulations, other ordinances or laws or if compliance to the approved plans is not being adhered to in the course of implementation thereof and use of the subject lands violates the provisions of this chapter, applicable codes, regulations, other ordinances or laws governing use of floodplain/flood-prone areas.

(e) In the event of denial or revocation of a floodplain permit, the applicant or permit holder, or subsequent landowner of the involved lands, may file an appeal within 30 days from the denial or revocation, which appeal shall be to the Borough Council, which shall set a hearing thereon within 30 days of receipt of such appeal. Said hearing shall be held in accordance to the Local Agency Law,[2] and if the appellant is aggrieved by the decision rendered, the appellant may appeal therefrom to the court as provided by the laws of this commonwealth, including the Pennsylvania Floodplain Management Act.[3]

[2] Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and § 751 et seq.

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

[1] Editor's Note: See Ch. A256, Fee Schedule.

§ 245-54 Specific requirements regulating development.

No development or substantial improvement, construction, use or activity shall be commenced, undertaken or permitted within the Borough of Monaca contrary to the provisions and requirements of this chapter, the Pennsylvania Flooplain Management Act[1] or regulations promulgated under the latter. Restrictions or prohibitions as to development or substantial improvements, construction, use or activity shall include the following:

A. No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough and until all required permits or approvals have been first obtained from the proper bureau or division of the Department of Environmental Resources. In addition, the Federal Insurance Administrator and proper bureau or division of the Pennsylvania Department of Community Affairs shall be notified prior to alteration or relocation of any watercourse.

B. In any area designated or determined to be a floodplain or flood-prone area, no new development, substantial improvement or construction shall be located within an area measured 50 feet landward from the top of the bank of any watercourse unless a permit is first obtained from the proper bureau or division of the Pennsylvania Department of Environmental Resources.

C. No use, building, structure, development or substantial improvement shall adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

D. All new or replacement water supply and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into such systems and/or to minimize or eliminate discharges from such systems into floodwaters.

E. All new or replacement on-site waste disposal systems shall be located so as to avoid impairment of them or contamination therefrom by flooding.

F. All public utilities and facilities shall be located and be constructed to minimize flood damage.

G. Within any floodplain or flood-prone area, structures shall be subject to the following elevation and/or floodproofing requirements:

(1) New residential structures. The lowest floor (including basement) of any new or substantially improved residential structure shall be at least 1 1/2 feet above the one-hundred-year-flood elevation.

(2) New nonresidential structures. The lowest floor level (including basement) of any new or substantially improved nonresidential structure shall be at least 1 1/2 feet above the one-hundred-year-flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height, in which event said nonresidential structure shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972, or any subsequent publication issued in replacement thereof), or some other equivalent standard, for that type of construction.

(3) Existing structures, residential or nonresidential. Any modification, alteration, reconstruction or improvement of any kind to an existing structure, residential or nonresidential, to an extent or amount of 50% or more of its market value shall constitute a substantial improvement, and such activity shall be undertaken only in full compliance with the provisions of this section, including but not limited to the preceding Subsection G(1) and (2) of this subsection. Any modification, alteration, reconstruction or improvement of any kind to an existing structure, residential or nonresidential, to an extent or amount of less than 50% of its market value shall be done so as to elevate and/or floodproof the same to the greatest extent possible.

(4) No enclosed area, e.g., an enclosed empty space, shall be permitted below the herein required lowest floor level of any new structure or substantial improvement to an existing structure, residential or nonresidential.

H. In addition to any other requirement, the following standards shall apply to any or all development, substantial improvement, construction, activity or use in any area of the Borough of Monaca, including but not limited to a floodplain or flood-prone area:

(1) If fill is used, it shall:

(a) Extend laterally at least 15 feet beyond the building line from all points of the building.

(b) Consist of soil or small rock materials only. Sanitary landfills or dumping of hazardous wastes, vehicle tires and/or discarded appliances and/or similar articles discarded by mankind is prohibited unless a separate permit for use of such fill is obtained from the proper bureau or division of the Pennsylvania Department of Environmental Protection.

(c) Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.

(d) Be no steeper than one vertical to two horizontal, unless substantiated data justifying steeper slopes are submitted to and approved by Monaca Borough.

(e) Be used only to the extent to which it does not adversely affect adjacent properties.

(2) Drainage. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner and shall ensure proper drainage along streets and roads and provide positive drainage away from buildings, and shall be so designed, constructed and/or graded to prevent the discharge of excess runoff of stormwaters onto adjacent or other properties. As to surface water drainage and runoff, reference is hereby made to the Pennsylvania Stormwater Management Act and any regulations as may be promulgated thereunder.[2]

[2] Editor's Note: See 32 P.S. § 680.1 et seq.

(3) Water and sanitary sewage facilities and systems. Such facilities or systems shall be subject to the following:

(a) All new or replacement water and sanitary sewer facilities and/or systems shall be located, designed and constructed to minimize or eliminate flood damage and the infiltration of floodwater.

(b) Sanitary sewer facilities and/or sewage systems shall be designed to prevent the discharge of untreated sewage into floodwaters and/or stormwater runoff.

(c) No part of any on-site sewage system shall be located within any identified or known floodplain or flood-prone area except in strict compliance with all Commonwealth of Pennsylvania and local regulations for such systems. If any such system is permitted, such system shall be located and constructed so as to avoid impairment to it, or contamination from it, during a flood or other flow of stormwater runoff.

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

(5) Placement of buildings or structures. All buildings or 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.

(6) Anchoring to prevent flotation, collapse or lateral movement. All buildings, structures or man-made improvements, and pertinent parts or fixtures thereto, shall be designed and constructed to prevent flotation, collapse or lateral movement by the pressure or inundation of and by floodwaters or stormwater runoff, and:

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

(b) All air ducts, large pipes, storage tanks and other similar objects or components located within or below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation, collapse or lateral movement due to floodwaters.

(7) Electrical components or systems of buildings and structures. All electrical components or systems of any building and structure shall be designed and constructed so that:

(a) Electrical distribution panels shall be at least three feet above the one-hundred-year-flood elevation.

(b) Separate electrical circuits that shall serve any area below said three feet above the one-hundred-year-flood elevation shall be dropped from the above distribution panels and be so designed and constructed so as to be able to be turned off and not be carrying live or hot electrical current when threatened with or in fact being inundated with floodwaters.

(8) Mechanical and utility equipment and/or fixtures of any building or structure. No water heaters, furnaces, air-conditioning and ventilating units or other electrical, mechanical or utility equipment or apparatus shall be located below the regulatory flood elevation. All such mechanical and utility equipment shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(9) Fuel supply systems. All gas and oil supply systems shall be designed and constructed to prevent the infiltration of floodwaters and/or stormwater runoff into the system and/or to prevent discharge from said systems into floodwaters and/or stormwater runoff. Additional provisions shall be made to such systems to provide for a method of drainage of such fuel systems in a safe and prudent manner in the event that floodwater or stormwater infiltration occurs to same.

I. Mobile homes or modular homes and/or manufactured homes as the latter are defined for particular application of this section may be located in a floodplain or flood-prone area, provided that all such mobile homes, modular homes or manufactured homes and any additions thereto 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 Institute and/or the National Fire Protection Association Standard as specified in the Standard for Installation of Mobile Home Park Requirements, as amended, for Mobile Homes in Hurricane Zones, and such similar regulations now promulgated by the United States Department of Housing and Urban Development (HUD) under the terminology of "manufactured home" and FEMA's manual (FEMA No. 85) Manufactured Home Installation in Flood Hazard Areas, as published September 1985, or any subsequent publication revision thereto, or other appropriate standards such as the following:

(1) Over-the-top ties shall be at each of the four corners of the mobile home or modular home, with two additional such ties per side at intermediate locations for units less than 50 feet in length and four additional ties per side for units more than 50 feet in length.

(2) Frame ties shall be provided at each corner of a mobile home or modular home, with four additional ties per side for units less than 50 feet and five additional ties per side for units more than 50 feet in length.

(3) All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

(4) The stands or lots where the mobile home or modular home is to be situate shall be elevated on compacted fill, or on pilings, so that the lowest floor of the mobile home or modular home (including basement, if one is constructed thereunder) will be 1 1/2 feet or more above the elevation of the one-hundred-year-flood elevation.

(5) Adequate surface water drainage facilities are provided.

(6) Adequate access for a hauler is provided.

(7) Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six or more feet above the original ground level.

(8) The lowest floor of a mobile home shall be at least 1 1/2 feet above the one-hundred-year-flood elevation. This requirement shall be applicable as to any placement of a mobile home, modular home and/or manufactured home after the effective date of this chapter, including placement on a site where such type of structure had been previously placed but removed from such site. An evacuation plan for a mobile home park, indicating alternate vehicular access and escape routes to same in the event of flooding, shall be filed at the Borough Office by the owner and/or operator of the mobile home park.

(9) All mobile homes shall be placed on a permanent foundation.

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

§ 245-55 Special floodplain permits.

No hospitals, nursing homes, jails or prisons and/or mobile home park or modular home subdivision within the Borough of Monaca shall be constructed and/or substantially improved or expanded in a floodplain or flood-prone area without the issuance of a permit by the Zoning Officer.

A. In accordance to the regulations promulgated by Pennsylvania Community Affairs under and pursuant to the Pennsylvania Floodplain Management Act,[1] or such other regulations as may hereafter be promulgated under said Act or its replacement legislation, the special floodplain permit that is required by this section of this chapter is the special permit as now or hereafter required by said regulations. If application for a special floodplain permit is necessary, such application will be the sole floodplain/flood-prone application necessary to be made to the Borough of Monaca under this section of this chapter.

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

B. An application for a special floodplain permit, in addition to containing all the data as required and otherwise complying with § 245-52 of this chapter as to the contents, data and information applicable to an application for a floodplain permit, shall include and contain the following additional data, information and certifications:

(1) Topographical contour lines of the entire lands or site upon which the activity for which the special floodplain permit is required, based on the National Geodetic Vertical Datum of 1929, at intervals of two feet, subject to the requirement of § 245-53E(3), that the portion of the tract of land being within the floodplain or flood-prone areas be in one-foot intervals.

(2) All property of the site shall be depicted by survey plotting, including complete course and dimensions thereof, with the size of the entire site or tract of land involved being expressed in acres or square feet.

(3) In addition to identifying the location of existing structures, streets, drives and other access ways, bodies of water, watercourses and all other natural and/or man-made features existing on the proposed site or tract of land, the application shall include data as to the dimensions of same and the composition or construction materials included in same.

(4) The floodplain or flood-prone area or portion of the site or tract of land shall be clearly indicated and spot elevation data shall be provided relative to the one-hundred-year-flood elevation as to said site or tract of land.

(5) The plans as to any proposed building or structure or any building or structure that will remain on the site or tract of land shall include detailed floor plans and drawings; elevation data as to each floor thereof as to the one-hundred-year-flood elevation; and the capabilities of same to withstand pressures, velocities, impact and uplift forces and other related factors associated with the one-hundred-year flood.

(6) Cross-section drawings, plans and profiles of all streets, drives, other access routes, parking lots or other facilities for vehicular use, both existing and proposed, shall be included.

(7) Plans and profiles of all existing or proposed sanitary sewage facilities and stormwater drainage facilities, along with the water supply system and other utility and facility services, shall be provided and included with the application.

C. Said application for a special floodplain permit shall be accompanied with the following certifications and documents:

(1) Certification from and by the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel or tract of land, owned by the applicant or the client that he represents.

(2) Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been designed to protect against damage from a one-hundred-year flood.

(3) A statement, certified by a registered professional engineer, architect or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one-hundred-year flood, including a statement concerning the effects such pollution may have on human life.

(4) A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on the one-hundred-year-flood elevations and flows.

(5) A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-year-flood elevation and the effects such materials or debris may have on the one-hundred-year-flood elevation and flows.

(6) The appropriate component of the Pennsylvania Department of Environmental Resources' Planning Module for Land Development.

(7) As to any excavation or grading as to the proposed development, a plan detailing and meeting the requirements of the Pennsylvania Department of Environmental Protection to implement and maintain erosion and sedimentation control.

(8) A copy of any other applicable permits required by agencies or bureaus of the Commonwealth of Pennsylvania, including but not limited to a permit for an activity regulated by the Pennsylvania Department of Environmental Protection under Section 302 of Act No. 166 of 1978.

(9) An evacuation plan which fully details and explains the manner in which the site will be safely evacuated before and/or during the course of flooding.

D. Review of the application for a special floodplain permit by the Borough of Monaca, in that same is in lieu of the necessity of making application for a floodplain permit per se, shall be in accordance with the procedure and methods provided and set forth in § 245-53H; provided however, that initially the Borough can give only preliminary approval to an application for a special floodplain permit, pending review by the Pennsylvania Department of Community Affairs, and:

(1) Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Beaver County Planning Commission, by registered or certified mail, for its review and recommendations. Copies of the application shall also be forwarded to the Borough Planning Commission and the Borough Engineer for review and comment.

(2) If an application is received that is incomplete, the Borough shall notify the applicant, in writing, stating in what respect the application is deficient.

(3) If the Borough decides to disapprove an application, it shall notify the applicant, in writing, stating the reasons for the disapproval.

(4) If the Borough decides to preliminarily approve an application, it shall file written notification, together with a complete copy of the application and all pertinent information, with the Department of Community Affairs, by registered or certified mail, within five working days after the date of such preliminary approval by the Borough.

(5) Before granting final approval and issuance of a special floodplain permit, the Borough shall allow the Department of Community Affairs 30 days, after receipt of the notification by the Department of Community Affairs, to review the application and decision of the Borough to preliminarily approve the application.

(6) If the Borough does not receive any communication from the Department of Community Affairs during the thirty-day review period, the Borough may grant final approval to the application and issue a special floodplain permit thereon.

(7) If the Department of Community Affairs should decide to disapprove the application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not grant final approval to the application nor issue a special floodplain permit thereon.

(8) Any applicant aggrieved by a denial of final approval may proceed to have such denial reviewed pursuant to the provisions of the Local Agency Law,[2] and will proceed accordingly depending on whether the denial was initially by the Borough or, after the Borough's preliminary approval, by and pursuant to decision of said Pennsylvania Department of Community Affairs.

[2] Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and § 751 et seq.

§ 245-56 Regulation of hazardous/dangerous substances.

A. No development, substantial improvement, construction, use or activity shall be commenced, carried on or occur within a floodplain or flood-prone area within the Borough of Monaca which may endanger human life from the production and/or storage of hazardous or dangerous materials or substances.

B. In accordance with the Pennsylvania Floodplain Management Act[1] and regulations promulgated thereunder, as such regulations now exist or as may hereafter be amended, any new or substantially improved structure which will be used for the production and/or storage of dangerous or hazardous materials or substances; and/or which will be used for any activity requiring the applicant of such denial, in writing, and shall include therein the reasons for such disapproval. Such notice of disapproval must be mailed, certified mail, to the Borough and applicant and be received by the Borough within the aforesaid thirty-five-day period.

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

C. Any applicant aggrieved by a denial of final approval may proceed to have such denial reviewed pursuant to the provisions of the Local Agency Law,[2] and will proceed accordingly depending on whether the denial was initially by the Borough or, after the Borough's preliminary approval, by the Pennsylvania Department of Community Affairs.

[2] Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and § 751 et seq.

D. All requirements detailed in § 245-54 as to a development which requires a floodplain permit shall be applicable requirements to a development requiring a special floodplain permit; provided, however, that the following shall be additional requirements applicable to a proposed development requiring a special floodplain permit to the extent that the following are more restrictive:

(1) Any structure, improvement or activity to be located within a development site requiring a special floodplain permit shall be so located, designed, constructed and maintained so that:

(a) The health and safety of the general public and any person occupying any structure or improvement will be fully protected, and any structure on such development site shall be so located, designed and constructed so that maintenance of a supply of more than 550 gallons, or other comparable volume, of any dangerous or hazardous materials or substances on the premises, and/or that will involve the production, storage or use of any amount of radioactive substances, in addition to all other requirements of this chapter, shall be subject to the special provisions of this section.

(b) For the purpose of this section, dangerous or hazardous materials or substances include but are not necessarily limited to the following list:

[1] Acetone.

[2] Ammonia.

[3] Benzene.

[4] Calcium carbide.

[5] Carbon disulfate.

[6] Celluloid.

[7] Chlorine.

[8] Hydrochloric acid.

[9] Hydrocyanic acid.

[10] Magnesium.

[11] Nitric acid and oxides of nitrogen.

[12] Petroleum products (gasoline, fuel oil, etc.).

[13] Phosphorus.

[14] Potassium.

[15] Sodium.

[16] Sulphur and sulphur products.

[17] Pesticides (including insecticides, fungicides and rodenticides).

[18] Radioactive substances or materials, insofar as such substances are not otherwise regulated.

§ 245-57 One-hundred-year-flood elevation.

A. The one-hundred-year-flood elevation, which is the basis for regulations and requirements under this section of this chapter, is and shall be determined from the elevation at a given point on the boundary or edge of an identified floodplain or flood-prone area which is nearest the site for which a landowner or developer desires to place or cause development or substantial improvement, construction, use or activity. As an aid in making this necessary elevation determination, other sources of data, where available, shall be used, such as:

(1) United States Army Corps of Engineers Floodplain Information Reports;

(2) United States Geological Survey, Flood-Prone Quadrangles;

(3) United States Department of Agriculture Soil Conservation Service, County Soil Surveys (alluvial soils) or P.L. 566, Floodplain Information;

(4) Pennsylvania Department of Environmental Protection, Flood Control Investigations;

(5) Known high-water marks from past floods; and/or

(6) Other sources, including but not limited to hydrologic and hydraulic analyses relative to the proposed site.

B. In the submission of an application for a floodplain permit or an application for a special floodplain permit as required by this section of this chapter, the data included therewith shall be of sufficient detail and with sufficient explanation of the method of determination of the one-hundred-year-flood elevation as to the proposed site where the development, substantial improvement, construction, use or activity for which the floodplain permit or special floodplain permit is sought pursuant hereto.

C. Any and all hydrologic and hydraulic analyses relative to an activity or development regulated by this chapter shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect the current accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough Council and any person or entity to which the same are referred for review.

§ 245-58 Request for variance.

If compliance with any requirements of this section of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Borough of Monaca, upon request by the applicant for a floodplain permit or special floodplain permit, may grant relief from the strict application of said requirements in the form of a variance. In the event that an applicant desires to seek a variance, such request for a variance shall be included with the required application for such floodplain permit or special floodplain permit with specific data and information of the exact nature of the variance or variances from such requirements and the reasons therefor.

A. Such request for a variance shall be accompanied by a certification of a registered professional engineer or architect that, if such variance or variances from the requirements of this section of this chapter would be granted, any development, activity or use conducted thereby would not be contrary or adverse to Subsection B of this section.

B. No variance will be granted that shall:

(1) Cause an increase in the one-hundred-year-flood elevation or other flood heights.

(2) Reduce the ability of any building or structure to resist the effects of an occurrence of a one-hundred-year flood.

(3) Increase risks to or create a potentially harmful or hazardous situation for the safety of life or property.

(4) Cause or result in the possibility of an increase in premium rates for flood insurance as to any other person's or entity's lands, buildings, structures or other improvements.

(5) Create a nuisance, cause fraud or victimize the public.

(6) No variance shall be granted for any use or activity prohibited by § 245-56 of this chapter or, except for a modification of the one-and-one-half-foot freeboard requirement specified in § 245-55 of this chapter, for any of the other requirements of § 245-55.

(7) Cause a conflict with or create a violation of any other applicable law or regulation of the Commonwealth of Pennsylvania, the United States of America or any ordinance or regulation of the Borough of Monaca.

C. A variance will only be granted if there is good and sufficient cause and the failure to do so would result in exceptional hardship to the applicant and, if granted, shall involve only the least modification necessary to provide relief. If a variance is granted, the Borough may attach any conditions that it deems reasonable to provide safeguards necessary to protect the public health, safety and welfare of life and property and to achieve the objectives of this chapter.

D. If a variance is granted:

(1) The applicant shall be notified by the Borough, in writing, that such variance may result in increased premium rates for flood insurance as to the applicants subject site as to which the variance was granted.

(2) The Borough shall keep and maintain complete records of any variance granted and shall report same to the Federal Insurance Administration or such other agency or bureau of the United States of America or the Commonwealth of Pennsylvania as may be necessary, annually or in such other time frame as such reports may be required or necessary.

§ 245-59 Administration.

A. In the performance of administrative duties thereunder, the Zoning Officer is hereby authorized to consult with and rely upon advice and recommendation of the Borough Engineer.

B. The administration and enforcement of this Article VI shall be done so as to require any development, substantial improvement, construction, uses or activities to be in compliance with any and all Federal Emergency Management Agency regulations or requirements currently in effect during the event of administration and enforcement. Any base flood elevation and floodway data available from a federal, Commonwealth of Pennsylvania or other source shall be obtained, reviewed and reasonably utilized as criteria requiring any development, substantial improvement, construction, uses or activities in any floodplain or flood-prone area, including but not limited to areas classified as Zone A, shall be accomplished in accordance to this Article VI and the criteria of the applicable federal regulations, including but not limited to 44 CFR SS60.3(c)(2), (3), (5) and (6) and (d)(3).

C. The Borough of Monaca shall maintain a file and records of the lowest floor level (including basement) of any new or substantially improved structure for which a floodplain permit or special floodplain permit is issued thereunder.