[HISTORY: Adopted by the Borough Council
of the Borough of New Wilmington as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-1-1982 by Ord. No. 378 (Ch.
IV, Arts. I through VIII, of the 1967 Code)]
[Added 9-6-2011 by Ord. No. 505[1]]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,[2] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Council
of the Borough of New Wilmington, Lawrence County, Pennsylvania, does
hereby enact as follows.
The intent of this article is to:
A.
Promote the general health, welfare and safety of
the community.
B.
Encourage the utilization of appropriate construction
practices in order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water
supply and natural drainage.
D.
Reduce financial burdens imposed on the community,
its governmental units and its residents by preventing excessive development
in areas subject to flooding.
E.
Comply with all minimum standards promulgated from
time to time by the United States or any agency or department thereof
and by the Commonwealth of Pennsylvania and/or any agency or department
thereof, dealing with areas subject to flooding.
A.
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Borough of New Wilmington unless a building permit has been obtained from the Floodplain Administrator as more particularly provided in Article II of this chapter.
[Amended 9-6-2011 by Ord. No. 505]
B.
This article supersedes any other conflicting provisions which may be in effect in identified floodplain areas. Therefore, notwithstanding any exception under Article II (or the National Building Code adopted thereunder) to the requirement of a building permit for repairs to existing buildings or structures, if anything under §§ 131-1 through 131-29 of this article requires such building permit, such permit shall be required. However, all other ordinance provisions shall remain in full force and effect to the extent that those provisions do not conflict with the provisions of §§ 131-1 through 131-29 of this article.
A.
The degree of flood protection sought by the provisions
of this article is considered reasonable for regulatory purposes and
is based on acceptable engineering methods of study. Larger floods
may occur. Flood heights may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by debris. This article
does not imply that areas outside any identified floodplain area or
that land uses permitted within such areas will be free from flooding
or flood damages.
B.
This article shall not create liability on the part
of the Borough of New Wilmington or any officer or employee thereof
for any flood damages that result from reliance on this article or
any administrative decision lawfully made thereunder.
[Amended 9-6-2011 by Ord. No. 505]
A permit shall be required before any construction or development
is undertaken within any area of the Borough of New Wilmington.
[Added 9-6-2011 by Ord. No. 505]
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
[Added 9-6-2011 by Ord. No. 505]
This article supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this article, the more restrictive
shall apply.
[Amended 9-6-2011 by Ord. No. 505]
The Council Administrator, or such other individual or entity
as the Council of the Borough of New Wilmington shall designate from
time to time by resolution, shall have the duty and responsibility
to administer and enforce the provisions of this article. Such individual
or entity is hereinafter referred to as the Floodplain Administrator.
All references in the current article to "Building Official" shall
be deleted and replaced with "Floodplain Administrator."
[Added 9-6-2011 by Ord. No. 505]
A.
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
compliance with the requirements of this and all other applicable
codes and ordinances.
B.
Prior to the issuance of the permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary permits required by local, state and federal laws have been
obtained, including but not limited to those required by the Pennsylvania
Sewage Facilities Act (Act 1966-537, 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] and the United States 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, 32 P.S.
§ 693.1 et seq., and 35 P.S. § 691.1 et seq.,
respectively.
C.
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. The Floodplain Administrator shall make as many inspections
during and upon completion of the work as are necessary.
D.
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
E.
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such finding to the Council of the Borough of New Wilmington
to take appropriate action.
F.
The Floodplain Administrator shall maintain all records associated
with the requirements of this article, including, but not limited
to, permitting, inspection and enforcement.
G.
The Floodplain Administrator shall consider the requirements of the
34 PA Code and the IBC and IRC 2009 or the latest edition thereof.
A.
Application for such a building permit shall be made in such form as the Borough Council may prescribe pursuant to the provisions of this article and the National Building Code adopted by Article II of this chapter.
B.
If any proposed construction or development is located
entirely or partially within any identified floodplain area, applicants
for building permits shall provide all the necessary information in
sufficient detail and clarity to enable the Floodplain Administrator
to determine that:
[Amended 9-6-2011 by Ord. No. 505]
(1)
All such proposals are consistent with the need to
minimize flood damage and conform with the requirements of this article
and all other applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas,
electrical and water systems, are located and constructed to minimize
or eliminate flood damage; and
(3)
Adequate drainage is provided so as to reduce exposure
to flood hazards.
(4)
Structures
will be anchored to prevent flotation, collapse, or lateral movement.
(5)
Building
materials are flood-resistant.
(6)
Appropriate
practices that minimize flood damage have been used.
(7)
Electrical,
heating, ventilation, plumbing, air-conditioning equipment, and other
service facilities have been designed and/or located to prevent water
entry or accumulation.
C.
Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in Subsection D below) as may be required by the Floodplain Administrator to make the above determination:
[Amended 9-6-2011 by Ord. No. 505]
(1)
A completed Building Permit Application Form.
(2)
A plan of the entire site, clearly and legibly drawn
at a scale of one inch being equal to 100 feet or less, showing the
following:
(a)
North arrow, scale and date.
(b)
Topographic contour lines, if available.
(c)
All property and lot lines including dimensions
and the size of the site expressed in acres or square feet.
(d)
The location of all existing and proposed buildings,
structures and other improvements, including the location of any existing
or proposed subdivision and land development.
(e)
The location of all existing streets, drives
and other accessways.
(f)
The location of any existing bodies of water
or watercourses, identified floodplain areas and, if available, information
pertaining to the floodway and the flow of water including direction
and velocities.
(3)
Plans of all proposed buildings, structures and other
improvements, drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988.
(b)
The elevation of the one-hundred-year flood.
(c)
If available, information concerning floor depths,
pressures, velocities, impact and uplift forces and other factors
associated with a one-hundred-year flood.
(d)
Detailed information concerning any proposed
floodproofing measures.
(4)
The following data and documentation:
(a)
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the one-hundred-year-flood
elevations, pressures, velocities, impact and uplift forces associated
with the one-hundred-year flood.
[1]
Such statement shall include a description of
the type and extent of floodproofing measures which have been incorporated
into the design of the structure and/or the development.
(b)
(c)
The appropriate component of the Department
of Environmental Protection Planning Module for Land Development.
(d)
Where any excavation or grading is proposed,
a plan meeting the requirements of the Department of Environmental
Protection, to implement and maintain erosion and sedimentation control.
D.
Applicants for special permits shall provide five
copies of the following items:
(1)
A written request including a completed Building Permit
Application Form.
(2)
A small-scale map showing the vicinity in which the
proposed site is located.
(3)
A plan of the entire site, clearly and legibly drawn
at a scale of one inch being equal to 100 feet or less, showing the
following:
(a)
North arrow, scale and date.
(b)
Topography based upon the North American Vertical
Datum of 1988, showing existing and proposed contours at intervals
of two feet.
[Amended 9-6-2011 by Ord. No. 505]
(c)
All property and lot lines, including dimensions
and the size of the site expressed in acres or square feet.
(d)
The location of all existing streets, drives,
other accessways and parking areas, with information concerning widths,
pavement types construction and elevations.
(e)
The location of any existing bodies of water
or watercourses, buildings, structures and other public or private
facilities, including railroad tracks and facilities and any other
natural and man-made features affecting or affected by the proposed
activity or development.
(f)
The location of the floodplain boundary line,
information and spot elevations concerning the one-hundred-year-flood
elevations and information concerning the flow of water, including
direction and velocities.
(g)
The location of all proposed buildings, structures,
utilities and any other improvements.
(h)
Any other information which the municipality
considers necessary for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other
improvements, clearly and legibly drawn at suitable scale showing
the following:
(a)
Sufficiently detailed architectural or engineering
drawings, including flood plans, sections and exterior building elevations,
as appropriate.
(b)
For any proposed building, the elevation of
the lowest floor (including basement) and, as required, the elevation
of any other floor.
(c)
Complete information concerning floor depths,
pressures, velocities, impact and uplift forces and other factors
associated with the one-hundred-year flood.
(d)
Detailed information concerning any proposed
floodproofing measures and corresponding elevations.
[Amended 9-6-2011 by Ord. No. 505]
(e)
Cross-section drawings for all proposed streets,
drives, other accessways and parking areas, showing all rights-of-way
and pavement widths.
(f)
Profile drawings for all proposed streets, drives
and vehicular accessways including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary
and storm sewer systems, waste supply systems and any other utilities
and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site
upon which the activity or development is proposed is an existing
separate and single parcel, owned by the applicant or the client he
represents.
(b)
Certification from a registered professional
engineer, architect or landscape architect that the proposed construction
has been adequately designed to protect against damage from the one-hundred-year
flood.
(c)
A statement, certified by a registered professional
engineer, architect, landscape architect or other qualified person,
which contains a complete and accurate description of the nature and
extent of pollution that might possibly occur from the development
during the course of a one-hundred-year flood, including a statement
concerning the effects such pollution may have on human life.
(d)
A statement certified by a registered professional
engineer, architect or landscape architect, which contains a complete
and accurate description of the effects the proposed development will
have on one-hundred-year-flood elevations and flows.
(e)
A statement, certified by a registered professional
engineer, architect or landscape architect, which contains a complete
and accurate description of the kinds and amounts of any loose buoyant
materials or debris that may possibly exist or be located on the site
below the one-hundred-year-flood elevation and the effects such materials
and debris may have on one-hundred-year-flood elevations and flows.
(f)
The appropriate component of the Department
of Environmental Protection Planning Module for Land Development.
(g)
Where any excavation or grading is proposed,
a plan meeting the requirements of the Department of Environmental
Protection to implement and maintain erosion and sedimentation control.
(i)
An evacuation plan which fully explains the
manner in which the site will be safely evacuated before or during
the course of a one-hundred-year flood.
[Amended 9-6-2011 by Ord. No. 505]
A copy of all applications and plans for any
proposed construction or development in any identified floodplain
area to be considered for approval shall be submitted by the Floodplain
Administrator to the County Conservation District for review and comment
prior to the issuance of a building permit. The recommendation of
the Conservation District shall be considered by the Floodplain Administrator
for possible incorporation into the proposed plan.
[Amended 9-6-2011 by Ord. No. 505]
A copy of all plans and applications for any
proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment.
[Amended 9-6-2011 by Ord. No. 505]
After the issuance of a building permit by the
Floodplain Administrator, no changes of any kind shall be made to
the application, permit or any of the plans, specifications or other
documents submitted with the application without the written consent
or approval of the Floodplain Administrator. Requests for any such
change shall be in writing and shall be submitted by the applicant
to the Borough Secretary at the Borough building for consideration
by the Floodplain Administrator.
[Amended 9-6-2011 by Ord. No. 505]
In addition to the building permit, the Floodplain
Administrator shall issue, through the office of the Borough Secretary
at the Borough building a placard which shall be displayed on the
premises during the time construction is in progress. This placard
shall show the number of the building permit and the date of its issuance
and be signed by the Floodplain Administrator.
[Amended 9-6-2011 by Ord. No. 505]
A.
Work on the proposed construction and/or development
shall begin within six months and shall be completed within 12 months
after the date of issuance of the building permit or the permit shall
expire unless a time extension is granted, in writing, by the Floodplain
Administrator. Construction and/or development shall be considered
to have started with the preparation of land, land clearing, grading,
filling, excavation for basement, footings, piers or foundations,
erection of temporary forms, the installation of piling under proposed
subsurface footings or the installation of sewer, gas and water pipes
or electrical or other service lines from the street.
B.
Time extensions shall be granted only if a written
request is submitted by the applicant, which sets forth sufficient
and reasonable cause for the Floodplain Administrator to approve such
a request.
A.
During the construction period, the Floodplain Administrator
or other authorized official may, from time to time, inspect the premises
to determine that the work is progressing in compliance with the information
provided on the permit application and with all applicable Borough
laws and ordinances. He may make as many inspections during and upon
completion of the work as are necessary. In addition thereto or in
lieu thereof, the Floodplain Administrator may accept a written certification
by a registered professional engineer or architect stating that the
work completed is in compliance with the information provided on the
permit application and with all applicable laws and ordinances.
[Amended 9-6-2011 by Ord. No. 505]
B.
In the discharge of his duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified flood-prone area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article. The Floodplain Administrator may be accompanied by
any other person whom he wishes to advise him during his inspection.
[Amended 9-6-2011 by Ord. No. 505]
C.
In the event that the Floodplain Administrator discovers
that the work does not comply with the permit application or any applicable
laws and ordinances or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the building
permit and report such fact to the Council for whatever action it
considers necessary.
[Amended 9-6-2011 by Ord. No. 505]
D.
A record of all such inspections and violations of
this article shall be maintained.
The fees for building permits and inspections
shall be those set forth in Resolution No. 130 adopted July 3, 1978,
as amended from time to time, as the same shall be in force at the
time the building permit is issued and/or the inspection made.
[Amended 1-3-2000 by Ord. No. 442; 9-6-2011 by Ord. No. 505]
A.
Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article or of any regulation adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for its issuance.
(3)
Allow a reasonable time not to exceed a period of
30 days for the performance of any act it required.
(4)
Be served upon the property owner or his agent as
the case may require; provided, however, that such notice or order
shall be deemed to have been properly served upon such owner or agent
when a copy thereof has been served with such notice by any other
method authorized or required by the laws of this state.
(5)
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this article.
B.
Penalties. Any person, firm or corporation who or
which shall violate or fail, neglect or refuse to comply with any
or all of the provisions of this article or who or which fails or
refuses to comply with any notice, order or direction of the Floodplain
Administrator or any other authorized employee of the municipality
given pursuant to this chapter shall, upon conviction thereof before
the District Justice, be sentenced to pay a fine not exceeding $1,000,
plus costs of prosecution for each offense. Each day during which
any violation of this article continues shall constitute a separate
offense. In addition to the above penalties, all other actions are
hereby reserved including an action in equity for the proper enforcement
of this article. The imposition of a fine or penalty for any violation
of or noncompliance with this article shall not excuse the violation
or noncompliance or permit it to continue and all such persons shall
be required to correct or remedy such violations and noncompliances
within a reasonable time. Any development initiated or any structure
or building constructed, reconstructed, enlarged, altered or relocated
in noncompliance with this article may be declared by the Building
Appeals Board to be a public nuisance and abatable as such.
A.
Any person aggrieved by an action or decision of the
Floodplain Administrator concerning the administration of the provisions
of this article may appeal to the Building Appeals Board. Such appeal
must be filed, in writing, within 30 days after the decision or action
of the Floodplain Administrator.
[Amended 9-6-2011 by Ord. No. 505]
B.
Upon receipt of such appeal, the Building Appeals
Board shall set a time and place, within not less than 10 nor more
than 30 days, for the purpose of considering the appeal. Notice of
the time and place at which the appeal will be considered shall be
given to all parties.
[Amended 9-6-2011 by Ord. No. 505]
A.
The identified
floodplain area shall be any areas of the Borough of New Wilmington
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated January 18, 2012, and issued by the Federal Emergency Management
Agency (FEMA) or the most recent revision thereof, including all digital
data developed as part of the Flood Insurance Study.
B.
The above-referenced
FIS and FIRMs, and any subsequent revisions and amendments are hereby
adopted by Borough of New Wilmington and declared to be a part of
this article.
A.
For the purposes of this article, the one-hundred-year-flood
elevation shall be used as the basis for regulation. To determine
the one-hundred-year-flood elevation, the elevation at a given point
on the boundary of the identified floodplain area which is nearest
the construction site in question will be used. In helping to make
this necessary elevation determination, other sources of data, where
available, shall be used such as:
(1)
Corps of Engineers: floodplain information reports.
(2)
U.S. Geological Survey: flood-prone quadrangles.
(3)
USDA Soil Conservation Service: county soil surveys
(Alluvial Soils) or P.L. 566 flood information.
(4)
Pennsylvania Department of Environmental Protection;
flood control investigations.
(5)
Known high-water marks from past floods.
(6)
Other sources.
B.
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.
[Amended 9-6-2011 by Ord. No. 505]
The identified floodplain area may be revised
or modified by the Council of the Borough of New Wilmington where
studies or information provided by a qualified agency or person documents
the need for such revision. Prior approval of FEMA must be obtained
prior to any revision or modification pursuant to this section. Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify the FEMA
of the changes by submitting technical or scientific data.
Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Borough
of New Wilmington Planning Commission and any party aggrieved by this
decision may appeal to the Borough Council. The burden of proof shall
be on the applicant.
[Amended 9-6-2011 by Ord. No. 505]
A.
Alteration or relocation of watercourse.
(1)
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 of New
Wilmington, and until all required permits or approvals have been
first obtained from the Department of Environmental Protection Regional
Office.
(2)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
FEMA and the Pennsylvania Department of Community and Economic Development
shall be notified prior to any alteration or relocation of any watercourse.
B.
Submit technical or scientific data to FEMA for a letter of map revision
(LOMR) within six months of the completion of any new construction,
development, or other activity resulting in changes in the BFE.
C.
Within any identified floodplain area, no new construction or development
shall be located within the area measured 50 feet landward from the
top-of-bank of any watercourse, unless a permit is obtained from the
Department of Environmental Protection Regional Office.
D.
Elevation and floodproofing requirements.
(1)
Residential structures.
(2)
Nonresidential structures.
(a)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation in accordance with § 131-22 of this article.
(b)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
United States Army Corps of Engineers (June 1972, as amended March
1992) or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which 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 "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, and 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.
The following minimum standards shall apply
for all construction and development proposed within any identified
floodplain area.
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building
line from all points.
(2)
Consist of soil or small rock materials only; sanitary
landfills shall not be permitted.
(3)
Be compacted to provide the necessary permeability
and resistance to erosion, scouring or settling.
(4)
Be no steeper than one vertical to two horizontal,
unless substantiated data justifying steeper slopes are submitted
to and approved by the Floodplain Administrator.
[Amended 9-6-2011 by Ord. No. 505]
(5)
Be used to the extent to which it does not adversely
affect adjacent properties.
B.
Drainage facilities. Storm drainage facilities shall
be designed to convey the flow of stormwater runoff in a safe and
efficient manner. The system shall ensure proper drainage along streets
and provide positive drainage away from buildings. The system shall
also be designed to prevent the discharge of excess runoff onto adjacent
properties.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed
to prevent the discharge of untreated sewage into floodwaters and
to prevent floodwaters from entering into the sanitary sewer system.
(3)
No part of any on-site sewage system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it or contamination from it during a flood.
(4)
The
design and construction provisions of the UCC and FEMA No. 348, Protecting
Building Utilities From Flood Damages, and the International Private
Sewage Disposal Code, shall be utilized.
[Added 9-6-2011 by Ord. No. 505]
D.
Other utilities. All other utilities such as gas lines,
electrical and telephone systems shall be located, elevated (where
possible) and constructed to minimize the chance of impairment during
a flood.
E.
Streets. The finished elevation of all new streets
shall be no more than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life and not listed in § 131-22, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G.
Placement of buildings and structures. All buildings
and structures shall be designed, located and constructed so as to
offer the minimum obstruction to the flow of water and shall be designed
to have a minimum effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse or lateral movement.
(2)
All air ducts, large pipes, storage tanks and other
similar objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood
elevation shall be installed to accommodate a lateral expansion of
the flooring, perpendicular to the flooring grain without causing
structural damage to the building.
(2)
Plywood used at or below the regulatory flood elevation
shall be of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood
elevation shall be designed and constructed of materials that are
water-resistant and will withstand inundation.
(4)
Windows, doors and other components at or below the
regulatory flood elevation shall be made of metal or other water-resistant
material.
J.
Paints and adhesives.
(1)
Paints or other finishes used at or below the regulatory
flood elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation
shall be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.)
shall be finished with a marine or water-resistant paint or other
finishing material.
L.
Equipment.
(1)
Water heaters, furnaces, air-conditioning and ventilating
units and other mechanical or utility equipment or apparatus shall
not be located below the regulatory flood elevation.
M.
Fuel supply systems. All gas and oil supply systems
shall be designed to prevent the infiltration of floodwaters into
the system and discharges from the system into floodwaters. Additional
provisions shall be made for the drainage of these systems in the
event that floodwater infiltration occurs.
N.
Uniform
Construction Code Coordination. The standards and specifications contained
in 34 PA Code (Chapters 401-405), as amended, and not limited to the
following provisions shall apply to the above and other sections and
subsections of this article, to the extent that they are more restrictive
and/or supplement the requirements of this article.
[Added 9-6-2011 by Ord. No. 505]
A.
In accordance with the Pennsylvania Flood Plain Management
Act[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances or which
will be used for any activity requiring the maintenance of a supply
(more than 550 gallons or other comparable volume 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 section, in addition to all other applicable provisions:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel, oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides
and rodenticides).
(18)
Radioactive substances, insofar as such substances
are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
B.
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
C.
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be:
D.
Any such structure or part thereof that will be built
below the regulatory flood elevation shall be designed and constructed
in accordance with the standards for completely dry floodproofing
contained in the publication Flood-Proofing Regulations (U.S. Army
Corps of Engineers, June 1972) or with some other equivalent watertight
standard.
A.
Within any identified floodplain area, all mobile
homes and any additions thereto shall be prohibited within the area
measured 50 feet landward from the top-of-bank of any watercourse.
B.
Where permitted within any identified floodplain area,
all mobile homes and additions thereto shall be:
(1)
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
such as the following:
(a)
Over-the-top ties shall be provided at each
of the four corners of the mobile home, with two additional ties per
side at intermediate locations for units 50 feet or more in length
and one additional tie per side for units less than 50 feet in length.
(b)
Frame ties shall be provided at each corner
of the mobile home, with five additional ties per side at intermediate
locations for units 50 feet or more in length and four additional
ties per side for units less than 50 feet in length.
(c)
All components of the anchoring system shall
be capable of carrying a force of 4,800 pounds.
(2)
Elevated in accordance with the following requirements:
(a)
The stands or lots shall be elevated on compacted
fill or on pilings so that the lowest floor of the mobile home will
be 1 1/2 feet or more above the elevation of the one-hundred-year
flood.
(b)
Adequate surface drainage is provided.
(c)
Adequate access for a hauler is provided.
(d)
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 feet or more above
the ground level.
C.
An evacuation plan indicating alternate vehicular
access and escape routes shall be filed with the appropriate Borough
officials for mobile home parks.
D.
Special
requirements for recreational vehicles. Recreational vehicles in Zones
A1-30, AH and AE must either:
[Added 9-6-2011 by Ord. No. 505]
[Added 9-6-2011 by Ord. No. 505]
All subdivision proposals and development proposals containing
the lesser of at least 50 lots or at least five acres in flood hazard
areas where base flood elevation data are not available shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision or letter of map revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
In accordance with the administrative regulations
promulgated by the Department of Community and Economic Development
to implement the Pennsylvania Flood Plain Management Act (Act 1978-166),[1] the following obstructions and activities are prohibited
if located entirely or partially within an identified floodplain area
unless a special permit is issued:
A.
Hospitals (public or private).
B.
Nursing homes (public or private).
C.
Jails or prisons.
D.
New mobile home parks and mobile home subdivisions
and substantial improvements to existing mobile home parks.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
[Added 9-6-2011 by Ord. No. 505]
Applicants for special permits shall provide five copies of
the following items:
A.
A written request including a completed permit application form.
B.
A small scale map showing the vicinity in which the proposed site
is located.
C.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date;
(2)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(3)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
(4)
The location of all existing streets, drives, other access ways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(5)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(6)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation elevations, and
information concerning the flow of water including direction and velocities;
(7)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(8)
Any other information which the municipality considers necessary
for adequate review of the application.
D.
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(1)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation;
(4)
Detailed information concerning any proposed floodproofing measures;
(5)
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(6)
Profile drawings for all proposed streets, drives, and vehicular
accessways, including existing and proposed grades; and
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood elevation;
(3)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood elevation, 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 base
flood elevation 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 base flood elevation and the effects such materials and debris
may have on base flood elevation elevations and flows;
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(7)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control;
(8)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
(9)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
Upon receipt of an application for a special permit by the Borough of New Wilmington, the following procedures shall apply in addition to those of §§ 131-4 through 131-15:
A.
Within three working days following receipt of the
application, a complete copy of the application and all accompanying
documentation shall be forwarded to the County Planning Commission
by registered or certified mail for its review and recommendations.
Copies of the application shall also be forwarded to the Borough of
New Wilmington Planning Commission and Borough of New Wilmington Engineer
for review and comment.
B.
If an application is received that is incomplete,
the Borough of New Wilmington shall notify the applicant in writing,
stating in what respects the application is deficient.
C.
If the Borough of New Wilmington decides to disapprove
an application, it shall notify the applicant, in writing, of the
reasons for the disapproval.
D.
If the Borough of New Wilmington approves an application,
it shall file written notification, together with the application
and all pertinent information, with the Department of Community and
Economic Development, by registered or certified mail, within five
working days after the date of approval.
E.
Before issuing the special permit, the Borough of
New Wilmington shall allow the Department of Community and Economic
Development 30 days, after receipt of the notification by the Department,
to review the application and decision made by the Borough of New
Wilmington.
F.
If the Borough of New Wilmington does not receive
any communication from the Department of Community and Economic Development
during the thirty-day review period, it may issue a special permit
to the applicant.
G.
If the Department of Community and Economic Development
should decide to disapprove an application, it shall notify the Borough
of New Wilmington and the applicant, in writing, of the reasons for
the disapproval, and the Borough of New Wilmington shall not issue
the special permit.
A.
In addition to the requirements of §§ 131-20 through 131-23.1 of this article, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in §§ 131-20 through 131-23.1 or in any other code, ordinance or regulation, the more restrictive provision shall apply.
B.
No application for a special permit shall be approved
unless it can be determined that the structure or activity will be
located, constructed and maintained in a manner which will:
(1)
Fully protect the health and safety of the general
public and any occupants of the structure. At a minimum, all new structures
shall be designed, located and constructed so that:
(a)
The structure will survive inundation by waters
of the one-hundred-year flood without any lateral movement or damage
to either the structure itself or to any of its equipment or contents
below the one-hundred-year-flood elevation.
(b)
The lowest floor elevation will be at least
11/2 feet above the one-hundred-year-flood elevation.
(c)
The occupants of the structure can remain inside
for an indefinite period of time and be safely evacuated at any time
during the one-hundred-year flood.
(2)
Prevent any significant possibility of pollution,
increased flood levels or flows or debris endangering life and property.
C.
All hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Borough of New Wilmington and the Department
of Community and Economic Development.
Structures existing in any identified floodplain
area prior to the enactment of this article may continue to remain,
provided that:
A.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
B.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
If compliance with any of the requirements of
this article would result in an exceptional hardship to a prospective
builder, developer or landowner, the Borough of New Wilmington may,
upon request, grant relief from the strict application of the requirements.
A.
Requests for variances shall be considered by the Borough of New Wilmington in accordance with the procedures contained in § 131-15 and the following:
(2)
If granted, a variance shall involve only the least
modification necessary to provide relief.
(3)
In granting any variance, the Borough of New Wilmington
shall attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety and welfare
and to achieve the objectives of this article.
(5)
In reviewing any request for a variance, the Borough
of New Wilmington shall consider, at a minimum, the following:
(a)
That there is good and sufficient cause;
(b)
That failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
That the granting of the variance will neither
result in an unacceptable or prohibited increase in flood heights,
additional threats to public safety or extraordinary public expense,
nor create nuisances, cause fraud on or victimize the public or conflict
with any other applicable state or local ordinances and regulations.
(6)
A complete record of all variance requests and related
actions shall be maintained by the Borough of New Wilmington. In addition,
a report of all variances granted during the year shall be included
in the annual report of the Federal Emergency Management Agency.
[Amended 9-6-2011 by Ord. No. 505]
B.
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capability of
resisting the one-hundred-year flood.
A.
Unless specifically defined below, words and phrases
used in this article shall be interpreted so as to give this article
its most reasonable application.
B.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
CONSTRUCTION
DEVELOPMENT
EXISTING MANUFACTURED HOME, PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME, PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME, PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME, PARK OR SUBDIVISION
OBSTRUCTION
ONE-HUNDRED-YEAR FLOOD
PERSON
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
(a)
(b)
VIOLATION
Specific definitions. As used in this article, the
following terms shall have the meanings indicated:
A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
[Added 9-6-2011 by Ord. No. 505]
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent-or-greater chance of
being equaled or exceeded in any given year.
[Added 9-6-2011 by Ord. No. 505]
Any area of the building having its floor below ground level
on all sides.
[Added 9-6-2011 by Ord. No. 505]
A combination of materials to form a permanent structure
having walls and a roof; included shall be all mobile homes and trailers
to be used for human habitation.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
[Amended 9-6-2011 by Ord. No. 505]
A manufactured home, park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete paths) is completed before the effective date
of the floodplain management regulations adopted by a community.
[Added 9-6-2011 by Ord. No. 505]
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
[Added 9-6-2011 by Ord. No. 505]
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
[Added 9-6-2011 by Ord. No. 505]
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
[Added 9-6-2011 by Ord. No. 505]
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
[Added 9-6-2011 by Ord. No. 505]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 9-6-2011 by Ord. No. 505]
Any structure that is:
[Added 9-6-2011 by Ord. No. 505]
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 which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation 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 article.
[Added 9-6-2011 by Ord. No. 505]
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 attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles, which are placed on a site for more than 180 consecutive
days.
[Added 9-6-2011 by Ord. No. 505]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Added 9-6-2011 by Ord. No. 505]
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.[1]
Structures for which the start of construction commenced
on or after March 1, 1982, and includes any subsequent improvements
thereto.
[Added 9-6-2011 by Ord. No. 505]
A manufactured home, park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by a community.
[Added 9-6-2011 by Ord. No. 505]
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse or flood-prone area, which
may impede, retard or change the direction of the flow of water either
in itself or by catching or collecting debris carried by such water
or is placed where the flow of the water might carry the same downstream
to the damage of life and property.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
[Added 9-6-2011 by Ord. No. 505]
A vehicle which is:
[Added 9-6-2011 by Ord. No. 505]
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The one-hundred-year-flood elevation plus a freeboard safety
factor of 11/2 feet.
An area in the floodplain subject to a one-percent-or-greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
[Added 9-6-2011 by Ord. No. 505]
A special approval which is required for hospitals, nursing
homes, jails and new mobile home parks and substantial improvements
to such existing parks, when such development is located in all or
a designated portion of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
[Added 9-6-2011 by Ord. No. 505]
A walled and roofed building, including a gas or liquid storage
tank that is principally above the ground, as well as a manufactured
home.
[Amended 9-6-2011 by Ord. No. 505]
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, transfer of ownership or building or
lot development. The division of land for agricultural purposes into
parcels of more than 10 acres, not involving any new street or easement
of access, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
[Added 9-6-2011 by Ord. No. 505]
[Added 9-6-2011 by Ord. No. 505]
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 assure 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."
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
[Added 9-6-2011 by Ord. No. 505]
[1]
Editor's Note: The former definitions of "mobile home" and
"mobile home park," which immediately and respectively followed this
definition, were repealed 9-6-2011 by Ord. No. 505.
[1]
Editor's Note: This ordinance superseded former
Art. II, Adoption of Construction Standards, adopted 3-1-1982 by Ord.
No. 378 (Ch. IV, Arts. IX through XI, of the 1967 Code), as amended.
The Borough of New Wilmington hereby elects
to administer and enforce the provisions of the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through
7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in
34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby
adopted and incorporated herein by reference as the municipal building
code of the Borough of New Wilmington.
Administration and enforcement of the Code within
the Borough of New Wilmington shall be undertaken in any of the following
ways as determined by the governing body of the Borough of New Wilmington
from time to time by resolution:
A.
By the designation of an employee of the Borough of
New Wilmington to serve as the municipal code official to act on behalf
of the Borough of New Wilmington;
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the Borough
of New Wilmington;
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of this Act through an
intermunicipal agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of the
Borough of New Wilmington;
E.
By entering into an agreement with the Pennsylvania
Department of Labor and Industry for plan review, inspections and
enforcement of structures other than one-family or two-family dwelling
units and utility and miscellaneous use structures.
A Board of Appeals shall be established by resolution
of the governing body of the Borough of New Wilmington in conformity
with the requirements of the relevant provisions of the code, as amended
from time to time, and for the purposes set forth therein. If at any
time enforcement and administration is undertaken jointly with one
or more other municipalities, said Board of Appeals shall be established
by joint action of the participating municipalities.
A.
All building code ordinances or portions of ordinances
which were adopted by the Borough of New Wilmington on or before July
1, 1999, and which equal or exceed the requirements of the Code shall
continue in full force and effect until such time as such provisions
fail to equal or exceed the minimum requirements of the Code, as amended
from time to time.
B.
All building code ordinances or portions of ordinances
which are in effect as of the effective date of this article and whose
requirements are less than the minimum requirements of the Code are
hereby amended to conform with the comparable provisions of the Code.
C.
All relevant ordinances, regulations and policies
of the Borough of New Wilmington not governed by the Code shall remain
in full force and effect.
Fees assessable by the Borough of New Wilmington
for the administration and enforcement undertaken pursuant to this
article and the Code shall be established by the governing body by
resolution from time to time.
