[HISTORY: Adopted by the Council of the Borough of Baden as indicated
in article histories. Amendments noted where applicable.]
[Adopted 12-15-1993 by Ord. No. 818[1]]
[1]
This ordinance superseded former Art. I, General Provisions, adopted
12-10-1951 by Ord. No. 345, as amended.
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:
Any area of the building having its floor subgrade (below ground
level) on all sides.
[Added 5-19-1993 by Ord. No. 808]
A space which will remain totally dry during flooding; the structure
is designed and constructed to prevent the passage of water and water vapor.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Those Floodplain Districts specifically designated in the Borough
Zoning Ordinance[1] 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).
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.
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.
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.
A temporary inundation of normally dry land areas.
[Added 6-19-1985 by Ord. No. 761]
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 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]
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]
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.
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.
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.
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.[2]
A vehicle which is:
[Added 5-19-1993 by Ord. No. 808]
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not 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 1 1/2 feet.
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]
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.[1]
[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.
A.
Within any designated Floodway District (FW), Flood Fringe
District (FF) or General Floodplain District (FA), the lowest floor, including
basement, shall be at least 1 1/2 feet above the one-hundred-year-flood
elevation or shall 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.
B.
Any structure, or part thereof, which will not be completely
or adequately elevated shall be designed and constructed to be completely
or essentially dry in accordance with the standards contained in the publication
entitled "Floodproofing Regulations (United States Army Corps of Engineers,
June 1972)" or some other equivalent standard for that type of construction.
C.
Fully enclosed areas below the lowest floor, including
basements, are prohibited.
[Added 5-19-1993 by Ord. No. 808]
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.
A.
All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation, collapse
or other movement, thus reducing the threat to life and property and decreasing
the possibility of the blockage of bridge openings and other restricted sections
of the watercourse.
B.
All air ducts, large pipes and storage tanks located
at or below the regulatory flood elevation shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation.
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.
A.
All electric water heaters, electric furnaces, electric
air-conditioning and ventilating systems and other electrical equipment or
apparatus shall be permitted only at elevations above the regulatory flood
elevation.
B.
No electrical distribution panels shall be allowed at
an elevation less than three feet above the level of the one-hundred-year-flood
elevation.
C.
Separate electrical circuits shall serve lower levels
and shall be dropped from above.
A.
Water heaters, furnaces and other mechanical equipment
or apparatus shall be permitted only at elevations above the regulatory flood
elevation.
B.
No part of any on-site sewage disposal system shall be
constructed within any designated floodplain districts.
C.
Water supply systems and sanitary sewage systems shall
be designed to preclude infiltration of floodwaters into the systems and discharges
from the system into floodwaters.
D.
All gas and oil supply systems shall be designed to preclude
the infiltration of floodwaters into the systems and discharges from the systems
into floodwaters. Additional provisions shall be made for the drainage of
these systems in the event that floodwater infiltration occurs.
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.
A.
All mobile 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 National Fire Protection Association 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:
(1)
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.
(2)
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.
(3)
All components of the anchoring system shall be capable
of carrying a force of 4,800 pounds.
B.
Where permitted within any identified floodplain area,
all manufactured homes and additions thereto shall be:
[Amended 5-19-1993 by Ord. No. 808]
(1)
Placed on a permanent foundation.
(2)
Elevated so that the lowest floor of the manufactured
home is 1 1/2 feet or more above the elevation of the one-hundred-year
flood.
(3)
Anchored to resist flotation, collapse or lateral movement.
(4)
Within any identified floodway area, all manufactured
homes and any addition thereto shall be prohibited.
C.
An evacuation plan indicating alternate vehicular access
and escape routes shall be filed with the appropriate Borough officials for
mobile homes parks and mobile home subdivisions, where appropriate.
D.
No mobile home shall be placed in any designated floodway
district or area.
[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.
A.
If compliance with the elevation or floodproofing requirements
stated above would result in an exceptional hardship for a prospective builder,
developer or landowner, the Borough may, upon request, grant relief from the
strict application of the requirement.
B.
Requests for variances to the strict application of the
provisions of this article may be granted by the Borough in accordance with
the following procedures and criteria:
(1)
No variances shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase in
the one-hundred-year elevation.
(2)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(3)
In granting any variance, the Borough may 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
shall consider but shall not be limited to 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.
(c)
That the granting of the variance will not result in
any unacceptable or prohibited increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with any other applicable local
or state ordinances and regulations.
(6)
A complete record of all variance requests and related
actions shall be maintained by the Borough. In addition, a report of all variances
granted during the year shall be included in the annual report to the Federal
Insurance Administration.
C.
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capability of resisting
the hydrostatic and hydrodynamic loads and pressures and effects of buoyancy
of the one-hundred-year flood.
In addition to the permit application requirements normally required
under the Borough Building Code, as amended,[1] 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,[1] the Pennsylvania Water Obstructions Act of 1913,[2] 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.
