[Amended 11-8-1978 by Ord. No. 1226; 10-2-1995 by Ord. No. 1359]
B. In the identified flood-prone area(s), the development and/or use
of any land shall be permitted, provided that the development and/or
use adheres to the restrictions and requirements of all other applicable
codes and ordinances in force in the Borough.
C. All lowest floor level, including basements, in residential structures
shall be constructed at an elevation of at least one foot above the
established flood elevation.
D. The lowest floor level, including basement in nonresidential structures
or parts thereof shall be constructed at an elevation of at least
one foot above the established flood elevation, or the structures
may be constructed below the flood elevation, provided that the structures,
together with attendant utility and sanitary facilities, are designed
to be watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
[Amended 11-8-1978 by Ord. No. 1226]
[Added 11-8-1978 by Ord. No. 1226; amended 10-2-1995 by Ord. No.
1359]
[Added 11-8-1978 by Ord. No. 1226]
Structures existing in any identified flood-prone area prior
to the enactment of this section, but which are not in compliance
with the provisions herein, may continue to remain subject to the
following:
A. 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.
B. 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 Part 1.
[Added 11-8-1978 by Ord. No. 1226]
A. If compliance with the elevation or floodproofing requirements of
this Part 1 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 shall be considered by the Borough in accordance
with the procedures contained within this Part 1 and as follows:
(1) If granted, a variance shall involve only the least modification
necessary to provide relief.
(2) In granting any variance, the Borough shall attach whatever reasonable
conditions and safeguards it considers necessary in order to protect
the public health, safety and welfare and to achieve the objectives
of this Part 1 as well as the other ordinances of the Town Council
of the Borough of West View.
(3) Whenever a variance is granted, the Borough shall notify the applicant
in writing that:
(a)
The granting of the variance may result in increased premium
rates for flood insurance.
(b)
Such variances may increase the risks to life and property.
(4) In reviewing any request for a variance, the Borough shall consider
but not be limited to the following:
(a)
That there is a 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 an unacceptable
or prohibited increase in 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, laws or regulations.
(5) 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 one-hundred-year flood.
No materials that are buoyant, flammable or explosive or that
in times of flooding could be injurious to human, animal or plant
life shall be stored in a flood-prone area unless they are properly
anchored and/or floodproofed to preclude their causing damage to life
and property.