[Ord. 84-14, 12/18/1984; as amended by Ord. 85-10, 7/16/1985;
by Ord. 88-2, 2/23/1988; by Ord. 88-11, 11/22/1988; by Ord. 2007-3,
9/18/2007; and by Ord. 2008-1, 4/15/2008]
A zoning permit shall be required for all construction and development
in the Floodplain District, which includes but is not limited to buildings
or other structures, paving, filling, grading, excavation, mining,
dredging, or drilling operations.
A.
Prior to the issuance of any zoning permit, the Zoning Administrator
shall review the application for permit to determine if all other
necessary government permits required by State and Federal Laws have
been obtained, such as 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); the U.S. Clean Water Act, Section 404,
33 U.S.C. § 1334. No permit shall be issued until this determination
has been made.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for zoning
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Zoning Administrator to determine
that:
(1)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this Part 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.
C.
Plans on all proposed buildings, structures, and other improvements,
drawn at suitable scale, showing the following:
D.
For any proposed construction or development located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide the following:
(1)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative affect 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.
(2)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction of a 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. 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.
(3)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development.
[Ord. 84-14, 12/18/1984; as amended by Ord. 88-2, 2/23/1988;
and by Ord. 2007-3, 9/18/2007]
1.
Purpose. The purpose of these provisions is to prevent the loss of
property and life, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief, and the impairment of the tax base by:
A.
Regulating uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities,
and development, will cause unacceptable increases in flood heights,
velocities, and frequencies.
B.
Restricting or prohibiting certain uses, activities, and development
from locating within areas subject to flooding.
C.
Requiring all those uses, activities, and developments that do occur
in floodprone areas to be protected and/or floodproofed against flooding
and flood damage.
D.
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
2.
Applicability. These provisions shall apply to all lands within the jurisdiction of Mifflinburg Borough and shown as being located within the boundaries of any identified Floodplain District which is considered as a part of the Official Zoning Map.
3.
Compliance. No structure or land located within an identified Floodplain
District shall be used, located, relocated, constructed, reconstructed,
enlarged, or structurally altered except in full compliance with these
regulations and any other applicable ordinances and regulations.
4.
Warning and Disclaimer of Liability. The degree of flood protection
sought by the provisions of this Chapter 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 Chapter does not imply
that areas outside the identified floodplain districts, or that land
uses permitted within such districts, will be free from flooding or
flood damage. This Chapter shall not create liability on the part
of Mifflinburg Borough or any officer or employee thereof for any
flood damages that result from reliance on this Chapter or any administrative
decision lawfully made thereunder.
5.
BASEMENT
COMPLETELY DRY SPACE
DEVELOPMENT
ESSENTIALLY DRY SPACE
FLOODWAY
HISTORIC STRUCTURE
A.
B.
C.
D.
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
NEW CONSTRUCTION
RECREATIONAL VEHICLE
A.
B.
C.
D.
REPETITIVE LOSS
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
A.
B.
For the purpose of §§ 29-701 through 29-708 (the Floodplain Districts), the following definitions shall apply:
Any area of the building having its floor below ground level
on all sides.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
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.
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.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
Chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the 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 with historic preservation programs 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 programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure usable solely for 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 as to render the structure in violation
of the applicable nonelevation design requirements of this Part.
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 includes parked trailers,
travel trailers, and other similar vehicles which are placed on a
site for more than 180 consecutive days.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
Structures for which the start of construction commenced
on or after December 18, 1984, and includes any subsequent improvements
thereto.
A vehicle which is:
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; and
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
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. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land.
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.
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
or repetitive loss 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.
6.
This Part 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 Part, the more restrictive shall apply.
[Ord. 84-14, 12/18/1984; as amended by Ord. 88-2, 2/23/1988;
and by Ord. 2007-3, 9/18/2007]
The identified floodplain area shall be those areas of Mifflinburg
Borough, which are subject to the one-hundred-year flood, as identified
in the Flood Insurance Study (FIS) dated September 28, 2007, and the
accompanying maps prepared for the Borough by the Federal Emergency
Management Agency (FEMA), or the most recent revision thereof, including
all digital data sources.
1.
Description of Floodplain Areas. The identified floodplain area shall
consist of the following specific areas:
A.
FE (Special Floodplain Area). The areas identified as Zone AE in
the Flood Insurance Study, where one-hundred-year flood elevations
have been provided, but no floodway has been delineated.
B.
FA (General Floodplain Area). The areas identified as Zone A in the
FIS for which no one-hundred-year flood elevations have been provided.
When available, information from other federal, state, and other acceptable
sources shall be used to determine the one-hundred-year elevation,
as well as a floodway area, if possible. When no other information
is available, the one-hundred-year elevation shall be determined by
using a point on the boundary of the identified floodplain area which
is nearest the construction site in question. 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.
2.
Overlay Concept.
A.
The Floodplain District shall be an overlay to the existing underlying districts as shown on the Official Zoning Map; and, as such, the provisions for the Floodplain District shall serve as a supplement to the underlying district provisions.
B.
Where there happens to be any conflict between the provisions or
requirements of the Floodplain District and those of any underlying
district the more-restrictive provisions shall apply.
3.
Floodplain District Map. The boundary of the Floodplain District
is established as shown on the FIA Flood Hazard Boundary Map for Mifflinburg
Borough, which is declared to be a part of this Chapter and which
shall be kept at the Borough Office.
4.
Changes in Identification of Area. The identified floodplain area
may be revised or modified by the Borough where studies or information
provided by a qualified agency or person document the need for such
revision. However, prior to any such change, approval must be obtained
from the Federal Emergency Management Agency (FEMA).
[Ord. 84-14, 12/18/1984; as amended by Ord. 88-2, 2/23/1988;
by Ord. 88-11, 11/22/1988; by Ord. 2007-3, 9/18/2007; and by Ord.
2008-1, 4/15/2008]
1.
All uses, activities, and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this Chapter and with all other applicable codes and ordinances such as the Borough Building Code [Chapter 5] and Borough Subdivision and Land Development Ordinance [Chapter 23].
2.
Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
3.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the Borough and until
all required permits or approvals have been first obtained from the
Department of Environmental Protection Regional Office.
4.
In addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development shall be notified
by the Borough prior to any alteration or relocation of any watercourse.
A.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(2)
Partially enclosed space below the lowest floor (including basement)
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 "partially enclosed space" also includes crawl spaces. Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following
minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space shall
be provided.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(3)
Consideration may be given to the requirements of 34 Pa. Code
(Chapters 401-405, as amended) and the Uniform Construction Code (Act
45, as amended).
B.
Floodplain District Use Regulations.
(1)
Permitted and Special Exception Uses. In the Floodplain District,
the development and/or use of land shall be permitted in accordance
with the regulations of the underlying district, provided that all
such uses, activities, and/or development shall be undertaken in strict
compliance with the floodproofing and related provisions contained
in this Chapter and all other applicable codes and ordinances.
(2)
Setback Requirement From Watercourse. No new construction or
development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse.
(3)
Residential Structures. Within any identified floodplain area, the elevation of the lowest floor (including basement) of any residential structure shall be 1 1/2 feet or more above the one-hundred-year flood elevation. The design and construction standards and specifications contained in the Uniform Construction Code (Act 45, as amended) and ASCE 24 (Sections 2.4 and 2.5, Chapter 5) and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized.
(4)
Nonresidential Structures.
(a)
Within any identified floodplain area, any new construction
or substantial improvement of a nonresidential structure shall have
the lowest floor (including basement) elevated up to, or above, the
regulatory 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.
(b)
Any nonresidential structure, or part thereof, having a lowest
floor which is not elevated to at least 1 1/2 feet above the
one-hundred-year flood elevation shall be floodproofed in a completely
or essentially dry manner in accordance with the W1 or W2 space classification
standards contained in the publication entitled "Flood-Proofing Regulations"
published by the U.S. 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.
(5)
Within any floodway area, no new construction or development
shall be permitted that could cause any increase in flood elevation.
(6)
Within any AE Area/District, no new construction or development
shall be allowed unless it is demonstrated that the cumulative affect
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.
C.
Floodplain Design and Construction Standards. The following minimum
standards shall apply for all construction and development proposed
within any identified floodplain area:
(1)
Fill. 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 not steeper than one vertical to two horizontal, unless substantiated
data, justifying steep slopes, is submitted to and approved by the
Zoning Administrator; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties. The provisions contained in the UCC (Act 45,
as amended) shall be utilized.
(2)
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.
(3)
Water and Sanitary Sewer Facilities and Systems.
(a)
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.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
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)
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.
(5)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive,
or in times of flooding could be injurious to human, animal, or plant
life and not otherwise prohibited by this Chapter shall be stored
at or above the regulatory flood elevation and/or floodproofed to
the maximum extent possible.
(7)
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
affect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed by prevent flotation.
(c)
The design and construction requirements of the UCC pertaining
to this subsection as referred to in 34 Pa. Code (Chapters 401-405,
as amended) and ASCE 24-98 (Section 5.6) shall be utilized.
(9)
Floors, Walls, and Ceilings.
(a)
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.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a "marine" or water-resistant variety.
(c)
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.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and Adhesives.
(a)
Paints or other finishes used at or below the regulatory flood
elevation shall be of "marine" or water-resistant variety.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a "marine" or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a "marine" or water-resistant paint or other finishing
material.
(d)
The standards and specifications contained in 34 Pa. Code (Chapters
401-405, as amended) and the UCC shall apply.
(11)
(12)
Equipment.
(a)
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.
(13)
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.
[Ord. 84-14, 12/18/1984; and by Ord. 2007-3, 9/18/2007]
1.
Development Which May Endanger Human Life. In accordance with the
Pennsylvania Floodplain Management Act, and the regulations adopted
by the Department of Community Affairs 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 will be used for any activity requiring the maintenance
of a supply of more than 550 gallons, or other comparable volume,
of any of the following dangerous materials or substances on the premises;
or will involve the production, storage, or use of any amount of radioactive
substances shall be subject to the provisions of this section, in
addition to all other applicable provisions. The following list of
materials and substances are considered dangerous to human life:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Pesticides (including insecticides, fungicides, and rodenticides)
| |
|
Petroleum products (gasoline, fuel oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
| |
|
Sodium
| |
|
Sulphur and sulphur products
|
2.
Within any FW (Floodway Area), any structure of the kind described in Subsection 1 above shall be prohibited.
3.
Other Prohibited Uses. In accordance with the Pennsylvania Floodplain
Management Act (Act 166) and regulations adopted by the Department
of Community Affairs as required by this Act, the following obstructions
and activities are prohibited in the Floodplain District:
[Ord. 84-14, 12/18/1984; and by Ord. 2007-3, 9/18/2007]
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 Floodplain 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 Chapter.
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.
D.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this Part.
[Ord. 84-14, 12/18/1984; and by Ord. 2007-3, 9/18/2007]
1.
Additional Review Factors. In passing upon applications for special
exceptions, the Zoning Hearing Board shall consider all relevant factors
and procedures specified in other sections of this Chapter and:
A.
The danger to life and property due to increased flood heights or
velocities caused by encroachments;
B.
The danger that materials may be swept on to other lands or downstream
to the injury of others;
C.
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions;
D.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners;
E.
The importance of the services provided by the proposed facility
to the community;
F.
The requirements of the facility for a waterfront location;
G.
The availability of alternative locations not subject to flooding
for the proposed use;
H.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
I.
The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area;
J.
The safety of access to the property in times of flood of ordinary
and emergency vehicles;
K.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site; and
L.
Such other factors which are relevant to the purposes of this Chapter.
2.
Supplemental Technical Review. The Zoning Hearing Board may refer
any application and accompanying documentation pertaining to any request
for a special exception to any engineer or other qualified person
or agency for technical assistance in evaluating the proposed project
in relation to flood heights and velocities and the adequacy of the
plans for protection and other related matters.
[Ord. 84-14, 12/18/1984; as amended by Ord. 88-2, 2/23/1988;
and by Ord. 2007-3, 9/18/2007]
1.
General. If compliance with any of the requirements of this Chapter
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 requirements.
2.
Variance Procedures and Requirements. Requests for variances shall be considered by the Zoning Hearing Board in accord with Part 6 of this Chapter in addition to the following:
A.
No variance shall be granted to the setback requirement from a watercourse.
B.
No variance shall be granted for a use prohibited in the Floodplain
District.
D.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider but not be limited to the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)
That the granting of the variance will not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety or extraordinary public expense or create nuisances, cause
fraud on or victimization of the public or conflict with any other
applicable local or state ordinance and regulations.
E.
A complete record of all variance requests and related actions shall
be maintained by the Zoning Hearing Board. In addition, a report of
all variances granted during the year shall be included in the annual
report to the Federal Insurance Administration. 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.
F.
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the one-hundred-year flood.
G.
No variance shall be granted for any construction, development, use,
or activity within any AE area that would, together with all other
existing and anticipating development, increase the one-hundred-year
flood elevation more than one foot at any point.
