[Adopted 12-15-1993 by Ord. No. 818]
It is hereby adopted by the Borough of Baden, for the purpose of prescribing
regulations governing conditions hazardous to life and property from plumbing,
electrical and building, those certain codes known as the "BOCA National Plumbing,
Electrical and Building Codes," in their entirety, being particularly the
most current editions available thereof, copies of which have been and are
now filed with the Borough Secretary. The same are hereby adopted and incorporated
as fully as if set out at length herein, and from the date on which this article
shall take affect, the provisions thereof shall be controlling within the
geographical limits of the Borough of Baden.
[Adopted 8-15-1979 by Ord. No. 714]
The following are special definitions which shall be used in making
reasonable interpretations of the provisions contained in this article. As
used in this article, the following terms shall have the meanings indicated:
BASEMENT
Any area of the building having its floor subgrade (below ground
level) on all sides.
[Added 5-19-1993 by Ord. No. 808]
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure
is designed and constructed to prevent the passage of water and water vapor.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
DESIGNATED FLOODPLAIN DISTRICTS
Those Floodplain Districts specifically designated in the Borough
Zoning Ordinance as being inundated primarily by the one-hundred-year flood; included
would be areas identified as Floodway District (FW), Flood Fringe District
(FF) and General Floodplain District (FA).
DESIGNATED FLOODWAY DISTRICT OR AREA
The channel of a river or other watercourse and the adjacent land
areas required to carry and discharge a flood of the one-hundred-year magnitude
as specifically defined in the Borough Zoning Ordinance.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, the placement of mobile
homes, streets and other paving, utilities, mining, dredging, filling, grading,
excavation or drilling operations and the subdivision of land.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for the passage
of some water vapor or minor seepage; the structure is substantially impermeable
to the passage of water.
FLOOD
A temporary inundation of normally dry land areas.
[Added 6-19-1985 by Ord. No. 761]
FLOODPROOFING
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.
IDENTIFIED FLOODPLAIN DISTRICT
The floodplain area specifically identified in this article as being
inundated by the one-hundred-year flood; included would be districts identified
as Floodway (FW), Flood Fringe (FF) and General Floodplain (FA).
[Added 6-19-1985 by Ord. No. 761]
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure usable solely for the parking of
vehicles, building access or storage in an area other than a basement area
is not considered a building's lowest floor, provided that such enclosure
is not built so as to render the structure in violation of the applicable
nonelevation design requirements of Section 60.3 of the Federal Emergency
Management Agency National Flood Insurance Program and related regulations.
[Added 5-19-1993 by Ord. No. 808]
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy,
office or place of assembly, contained in one or more sections, built on a
permanent chassis, which arrives at a site complete and ready for occupancy
except for minor and incidental unpacking and assembly operations, and constructed
so that it may be used with or without a permanent foundation. The term does
not include recreational vehicles or travel trailers.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and
improved for the placement of two or more mobile homes for nontransient use.
OBSTRUCTIONS
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 designated floodplain districts which may impede, retard or
change the direction of the 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.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is unlikely 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). This is more precisely defined/delineated
in the Borough Zoning Ordinance.
RECREATIONAL VEHICLE
A vehicle which is:
[Added 5-19-1993 by Ord. No. 808]
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest horizontal
projections;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
D.
Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed
50% of the market value of the structure before the damage occurred.
[Added 5-19-1993 by Ord. No. 808]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds 50% of the market value of the structure either
before the improvement or repair is started or, if the structure has been
damaged and is being restored, before the damage occurred.
[Added 6-19-1985 by Ord. No. 761]
In order to prevent excessive damage to buildings and structures due
to flooding conditions, the following provisions shall apply to all proposed
construction or development occurring in any of the Floodplain Districts designated
in the Borough Zoning Ordinance, as amended.
[Amended 5-19-1993 by Ord. No. 808]
A. Within any designated Floodway District (FW), Flood Fringe
District (FF) or General Floodplain District (FA), the lowest floor, including
basement, of any new or improved residential structures shall be at least
1 1/2 feet above the one-hundred-year-flood elevation.
B. Fully enclosed areas below the lowest floor, including
basements, are prohibited.
If fill is used, it shall:
A. Extend laterally at least 15 feet beyond the building
line from all points.
B. Consist of soil or small rock materials only. Sanitary
landfills shall not be permitted.
C. Be 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 is submitted to and approved
by the Building Inspector.
E. Be used to the extent to which it does not adversely
affect adjacent properties.
All buildings and structures shall be constructed and placed on the
lot so as to offer the minimum obstruction to the flow of water. In so doing,
consideration shall be given to their effect upon the flow and height of floodwaters.
Where located at or below the regulatory flood elevation:
A. Wood flooring shall be installed to accommodate a lateral
expansion of the flooring, perpendicular to the flooring grain, without incurring
structural damage to the building.
B. Plywood shall be of any exterior or marine grade and
of a water-resistant or waterproof variety.
C. Walls and ceilings in nonresidential structures shall
have sufficient wet strength and shall be so installed as to survive inundation.
D. Window frames, door frames, door jambs and other components
shall be made of metal or other water-resistant material.
Where located at or below the regulatory flood elevation:
A. Adhesives shall have a bonding strength that is unaffected
by inundation (i.e., marine or water-resistant quality).
B. All wooden components (doors, trim, cabinets, etc.) shall
be sealed with a marine or water-resistant quality of similar product.
C. Paints or other finishes shall be capable of surviving
inundation (i.e., marine or water-resistant quality).
No materials that are buoyant, flammable, explosive or, in time of flooding,
could be injurious to human, animal or plant life shall be stored below the
regulatory flood elevation.
Storm drainage facilities shall be designed to convey the flow of surface
waters without damage to persons or property. The system shall ensure drainage
at all points 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.
All new or replacement sanitary sewer facilities and private package
sewage treatment plants, including all pumping stations and collector systems,
shall be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into the floodwaters. In addition,
they should be located and constructed to minimize or eliminate flood damage
and impairment.
All new or replacement water facilities shall be designed to minimize
or eliminate infiltration of floodwaters into the system and shall be located
and constructed to minimize or eliminate flood damages.
The finished elevation of proposed new streets shall be no more than
one foot below the regulatory flood elevation. The Borough shall require profiles
and elevations of proposed new streets to determine compliance with this requirement.
All utilities, such as gas lines, electrical and telephone systems,
being placed in designated floodplain districts should be located, elevated
(where possible) and constructed to minimize the chance of impairment during
a flooding occurrence.
[Amended 6-19-1985 by Ord. No. 761]
A structure or use of a structure or premises which lawfully existed
before the enactment of these provisions but which is not in conformity with
these provisions may be continued, subject to the following conditions:
A. No expansion or enlargement of an existing structure
and/or use shall be allowed within any floodway district that would cause
any increase in flood heights.
B. Any modification, alteration, reconstruction or improvement
of any kind to an existing structure and/or use 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.
C. Any modification, alteration, reconstruction or improvement
of any kind to an existing structure and/or use to an extent or amount of
less than 50% of its market value shall be elevated and/or floodproofed to
the greatest extent possible.
In addition to the permit application requirements normally required
under the Borough Building Code, as amended, the Borough Building Inspector shall require the following specific
information to be included as part of the application for a building permit:
A. A plan which details the existing and proposed contours
and elevation, in relation to mean sea level, of the ground and the lowest
floor of proposed construction; one-hundred-year flood elevations and other
associated factors, such as pressures and impact forces, etc.; storage elevations;
size of the structure; location and elevations of streets; water supply; sanitary
facilities; soil types and floodproofing measures, including specific reference
to the level of the floodproofing in relation to the one-hundred-year flood.
B. A document certified by a registered professional engineer
or architect, which states that the proposed construction has been adequately
designed to withstand the flood depths, pressures, velocities, impact and
uplift forces and other hydrostatic and hydrodynamic and buoyancy factors
associated with the one-hundred-year flood. Such statement shall include a
description of the type and extent of floodproofing measures which have been
incorporated into the design of the structure.
A copy of all applications and plans for construction or development
in any designated floodplain district to be considered for approval shall
be submitted by the Borough Building Inspector to the County Conservation
District for review and comment prior to the issuance of a building permit.
The recommendations of the Conservation District shall be considered by the
Borough Building Inspector for possible incorporation into the proposed plan.
Prior to the issuance of any building permit, the Borough Building Inspector
shall review the application for permit to determine if all other necessary
governmental permits, such as those required by state and federal laws, have
been obtained, including those required by Act 537, the Pennsylvania Sewage
Facilities Act, the Pennsylvania Water Obstructions Act of 1913, and the Federal Water Pollution Control Act Amendments of 1972,
Section 404, 33 U.S.C. § 334. No permit shall be issued until this
determination has been made.
For purposes of implementation of these provisions, construction shall
be considered to have started with the first placement of permanent construction
on the site, such as the pouring of slabs or footings or any work beyond the
stage of excavation. For a structure without a basement or poured footings,
the "start of construction" includes the first permanent framing or assembly
of the structure or any part thereof on its pilings or foundation or the affixing
of any prefabricated structures or mobile home to its permanent site. Permanent
construction does not include land preparation, 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 electric or other service lines
from the street.
[Added 6-19-1985 by Ord. No. 761]
A building permit shall be required for all construction and development,
which includes but is not limited to buildings or other structures, paving,
filling, grading, excavation, mining, dredging or drilling operations.