[Adopted 5-25-1978 by Ord. No. 78-3 (Ch. 4, Parts 1 through
8, of the 1983 Code of Ordinances)]
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.
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 unless an approved building permit has
been obtained from the Building Code Official.
B.
A building permit shall not be required for minor repairs to existing
buildings or structures, provided that no structural changes or modifications
are involved.
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 on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This article
does not imply that areas outside any identified flood-prone 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
or any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully
made thereunder.
Building permits shall be required before any proposed construction
or development is undertaken within any identified flood-prone area
of the Borough or anywhere else within the Borough.
A.
The Building Code Official shall issue a building permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
B.
No building permit shall be issued until all other required permits
have been obtained from any other office or agency.
A.
Application for such a building permit shall be made, in writing,
to the Building Code Official on forms supplied by the Borough. Such
application shall contain at least the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location.
(5)
Proposed lowest floor and basement elevations in relation to NGVD
when construction is undertaken within any identified flood-prone
area.
(6)
Brief description of proposed work and estimated cost.
(7)
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located within, or
adjacent to, any identified flood-prone area, applicants for building
permits shall also provide the following specific information:
(1)
A plan which accurately delineates the area which is subject to flooding,
the location of the proposed construction, the location of any other
flood-prone development or structures, and the location of any existing
or proposed stream improvements or protective works. Included shall
be all plans for proposed subdivision and land development in order
to assure that:
(a)
All such proposals are consistent with the need to minimize
flood damage;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located, elevated and constructed to minimize
or eliminate flood damage; and
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(2)
Such plan shall also include existing and proposed contours; information
concerning one-hundred-year flood elevations, velocities, and other
applicable information such as pressures, impact and uplift forces,
associated with the one-hundred-year flood; size of structures, locations
and elevations of streets; water supply and sanitary sewage facilities;
soil types; and floodproofing measures.
(3)
A document, certified by a registered professional engineer or architect,
which states that the proposed construction has been adequately designed
to withstand the one-hundred-year flood elevations, pressures, velocities,
impact, and uplift forces and other hydrostatic, hydrodynamic and
buoyancy factors associated with the one-hundred-year flood.
C.
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 any proposed construction
or development in any identified flood-prone area to be considered
for approval shall be submitted by the Building Code Official 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 Building Code Official for possible incorporation
into the proposed plan.
A copy of all plans and applications for any proposed construction
or development in any identified flood-prone area to be considered
for approval may be submitted by the Building Code Official to any
other appropriate agencies and or individuals (e.g., planning commission,
municipal engineer, etc.) for review and comment.
Prior to the issuance of any building permit, the Building Code
Official shall review the application for a 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 Water Obstruction
Act of 1913, and the Federal Water Pollution Control Act Amendment
of 1972, § 404, 33, U.S.C. § 1334. No permit shall
be issued until this determination has been made.
After the issuance of a building permit by the Building Code
Official, 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
Building Code Official.
In addition to the building permit, the Building Code Official
shall issue 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, the date of its issuance and be signed
by the Building Code Official.
Work on the proposed construction shall begin within six 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 Building
Code Official. Construction shall be considered to have started with
the first placement of permanent construction of 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 structure 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 electrical or other service lines from the
street.
During the construction period, the Building Code Official or
other authorized official may 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. In the event the Building Code Official 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 Building Code Official shall revoke the building
permit and report such fact to the Borough Council for whatever action
it considers necessary.
[Amended 3-21-1983 by Ord. No. 83-2]
Applications for a building permit shall be accompanied by a
fee, payable to the Borough, based upon the estimated cost of the
proposed construction as determined by the Building Code Official
at the following rates:
|
Estimated Cost
|
Fee
|
|---|---|
|
$0 to $1,000
|
$10
|
|
Each additional $1,000 or part thereof beyond the first $1,000
|
$2
|
[Amended 3-21-1983 by Ord. No. 83-2]
A.
Notices. Whenever the Building Code Official or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
article, or of any regulation adopted pursuant thereto, such authority
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 for the performance of any act it requires;
(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, or any part thereof,
and with the regulations adopted pursuant thereto.
B.
Hearings. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this article,
or of any regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Borough Council provided
that such person shall file with the Borough Secretary, a written
petition requesting such hearing and setting forth a brief statement
of the grounds therefore within 10 days after the notice was served.
The filing of the request for a hearing shall operate as a stay of
the notice and the suspension. Upon receipt of such petition, the
Borough Secretary shall set a time and place for such hearing and
shall give the petitioner written notice thereof. At such hearing,
the petitioner shall be given an opportunity to be heard and to show
why such notice shall be modified or withdrawn. The hearing shall
be commenced not less than 10 days nor more than 30 days after the
day on which the petition was filed; provided that upon application
of the petitioner, the Borough Secretary may postpone the date of
the hearing for a reasonable time beyond such thirty-day period when,
in her judgment, the petitioner has submitted good and sufficient
reasons for such postponement.
C.
Findings and order. After such hearing, the Borough Council shall make findings as to compliance with the provisions of this article and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying, or withdrawing the notice which shall be served as provided in Subsection A of this section.
D.
Record and appeals. The proceedings at such a hearing, including
the findings and decision of the Borough Council and together with
a copy of every notice and order related thereto shall be entered
as a matter of public record in the Borough, but the transcript of
the proceedings need not be transcribed unless judicial review of
the decision is sought as provided by this section. Any person aggrieved
by a decision of the Borough may seek relief therefrom in any court
of competent jurisdiction, as provided by the laws of this commonwealth.
E.
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this article or who fails or refuses
to comply with any notice, order or direction of the Building Code
Official or any other authorized employee of the municipality shall
be guilty of an offense and, upon conviction, shall be sentenced to
pay a fine to the Borough not exceeding $300 plus costs of prosecution,
or to imprisonment in county prison for a period not to exceed 30
days. 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 structure or building
constructed, reconstructed, enlarged, altered, or relocated, in noncompliance
with this article may be declared by the Borough Council to be a public
nuisance and abatable as such.
A.
Any person aggrieved by an action other than as set forth in § 165-17A above, or decision of the Building Code Official, or by any of the requirements of this article, may appeal to the Borough Council. Such appeal must be filed, in writing, within 30 days after the decision or action of the Building Code Official. Upon receipt of such appeal, the Borough Council shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard.
B.
Any person aggrieved by any decision of the Borough Council may seek
relief therefrom in any court of competent jurisdiction, as provided
by the laws of this commonwealth.
[Amended 10-8-1987 by Ord. No. 87-5]
A.
For the purposes of this article, the areas considered to be flood-prone
within the Borough shall be those areas identified as being subject
to the one-hundred-year flood in the Flood Insurance Study prepared
for the Borough by the Federal Insurance Administration dated June
1978, or the most recent revision thereof.
[Amended 5-3-2001 by Ord. No. 2001-05]
B.
A map showing all areas considered to be flood-prone is available
for inspection at the Borough offices. For the purposes of this article,
the following nomenclature is used in referring to the various kinds
of flood-prone areas:
(1)
FW (Floodway Area). The areas identified as "Floodway" in the FIS
prepared by the FEMA. The term shall also include floodway areas which
have been identified in other available studies or sources of information
for those floodplain areas where no floodway has been identified in
the Flood Insurance Study prepared by the FEMA.
(2)
FF (Flood-Fringe Area). The areas identified as "Floodway Fringe"
in the Flood Insurance Study prepared by the FIA.
A.
The areas considered to be flood-prone may be revised or modified
by the Borough Council where studies or information provided by a
qualified agency or person documents the need or possibility for such
revision.
B.
No modification or revision of any area identified as being flood-prone
in the Flood Insurance Study prepared by the Federal Insurance Administration
shall be made without prior approval from the Federal Insurance Administration.
Should a dispute arise concerning the identification of any
flood-prone area, an initial determination shall be made by the Building
Code Official and any aggrieved by such decision may appeal to the
Borough Council. The burden of proof shall be on the appellant.
[Amended 5-3-2001 by Ord. No. 2001-05]
A.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the Borough of Walnutport
and until all required permits or approvals have been first obtained
from the Pennsylvania Department of Environmental Protection, Bureau
of Dams, Waterways and Wetlands. In addition, prior to any alteration
or relocation of any watercourse, the Borough of Walnutport shall
notify the Federal Insurance Administrator and the Pennsylvania Department
of Community and Economic Development.
B.
Where a flood-prone area has been identified which includes a floodway
area, the following provisions apply:
(1)
Within a designated floodway (FW), any new construction, development,
use, activity, or encroachment that would cause any increase in flood
heights is prohibited, and, if this condition is met, a permit must
be obtained from the Department of Environmental Protection, Bureau
of Dams, Waterways and Wetlands.
(2)
Within a designated flood-fringe (FF), no new construction or development
shall be allowed unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the elevation of the
one-hundred-year flood more than one foot at any point.
A.
Residential structures. Within any FW or FF area, 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.
Nonresidential structures.
(1)
Within any FW or FF area, the lowest floor (including basement) shall
be at least 1 1/2 feet above the one-hundred-year flood elevation,
or be designed and constructed so that the space enclosed by such
structure shall remain either completely or essentially dry during
any flood up to that height.
(2)
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" (U.S. Army Corps of Engineers
June, 1972, as amended March 1992. or some other equivalent standard,
for that type of construction. All plans and specifications for such
floodproofing shall be accompanied by a statement certified by a registered
professional engineer or architect which states that the proposed
design and methods of construction are in conformance with the above
referenced standards.
[Amended 5-3-2001 by Ord. No. 2001-05]
[Amended 2-20-1984 by Ord. No. 84-1]
The following minimum standards shall apply for all construction
proposed to be undertaken within any identified flood-prone 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 Building Code Official.
(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 surface waters without damage to persons or
property. The system shall insure 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.
C.
Sanitary sewer facilities. 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.
D.
Water facilities. All new or replacement water facilities shall be
designed to minimize or eliminate infiltration of floodwaters into
the system, and be located and constructed to minimize or eliminate
flood damages.
E.
Streets. The finished elevation of proposed new streets shall be
no more than one foot below the regulatory flood elevation.
F.
Utilities. All utilities such as gas lines, electrical and telephone
systems being placed in flood-prone areas should be located, elevated
(where possible) and constructed to minimize the chance of impairment
during a flood.
G.
Storage or production. No materials considered dangerous to human
life shall be produced or stored in the regulatory flood elevation.
The following list of materials and substances are considered dangerous
to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrocloric 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.
H.
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 flood water, and shall be prohibited
within 50 feet on the top-of-bank landward of any watercourse.
I.
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.
J.
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.
K.
Paints and adhesives.
(1)
Paints or other finishes used at or below the regulatory flood elevation
shall be of a marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant quality.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be finished
with a marine or water-resistant paint or other finishing material.
L.
Electrical systems and components.
(1)
Electric water heaters, furnaces, air conditioning and ventilating
systems, and other electrical equipment or apparatus shall not be
located below the regulatory flood elevation.
(2)
Electrical distribution panels shall be at least three feet above
the one-hundred-year flood elevation.
(3)
Separate electrical circuits shall serve lower levels and shall be
dropped from above.
M.
Plumbing.
(1)
Water heaters, furnaces, and other mechanical equipment or apparatus
shall not be located below the regulatory flood elevation.
(2)
No part of any on-site sewage disposal system shall be located within
any identified flood-prone area.
(3)
Water supply systems and sanitary sewage systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters.
(4)
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 provision shall be made for the drainage of
these systems in the event that floodwater infiltration occurs.
[Amended 2-20-1984 by Ord. No. 84-1; 10-8-1987 by Ord. No. 87-5]
[Amended 2-20-1984 by Ord. No. 84-1]
No variances shall be granted.
Structures existing in any identified flood-prone area prior
to the enactment of this article, but which are not in compliance
with these provisions, may continue to remain subject to the following:
A.
No expansion or enlargement of an existing structure shall be allowed
within any floodway (FW) area that would cause any increase in the
elevation of the one-hundred-year flood.
[Amended 5-3-2001 by Ord. No. 2001-05]
B.
No expansion or enlargement of an existing structure shall be allowed
within any flood-fringe (FF) area that would, together with all other
existing and anticipated development, increase the one-hundred-year
flood elevation more than one foot at any point.
[Added 5-3-2001 by Ord. No. 2001-05]
C.
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.
D.
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 be undertaken only in full compliance with
the provisions of this article.
Unless specifically defined below, words and phrases used in
this article shall be interpreted so as to give this article its most
reasonable application.
[Amended 10-8-1987 by Ord. No. 87-5]
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 combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
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 manufactured homes.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets, and other paving, utilities, filling,
grading, excavation, mining, dredging, 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.
That portion of the floodplain outside of the floodway area.
See definition of "flood-prone area."
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.
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.
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.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term includes park trailers, travel trailers, recreational, and other
similar vehicles placed on a site for more than 180 consecutive days.
A parcel (or contiguous parcels) of land which has been planned
and improved for the placement of two or more manufactured homes.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep; but not including
any addition, change, or modification in construction, exit facilities,
or permanent fixtures or equipment.
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).
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, manufactured
homes, and other similar items.
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; provided, however, that 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.
This article shall become effective on the 25th day of May 1978,
and shall remain in force until modified, amended, or rescinded by
the Council of the Borough of Walnutport, Northampton County, Pennsylvania.
