§ 116-23Manufactured homes and manufactured home parks.
§ 116-24Existing structures in identified flood-prone areas.
§ 116-26Placement of buildings and structures.
§ 116-27Floors, walls and ceilings.
§ 116-28Electrical systems.
§ 116-30Paints and adhesives.
§ 116-31Storage of materials.
§ 116-32Violations and penalties.
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.
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.
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.
All fill shall extend laterally 15 feet beyond the building line from all points.
All fill shall consist of soil and/or small rock materials only. Sanitary landfills shall be prohibited. The fill material shall be compacted to provide the necessary permeability and resistance to erosion or scouring.
Fill slopes shall be no steeper than one vertical unit to two horizontal units, unless substantiating data justifying steeper slopes are submitted to and approved by the Municipal Code Enforcement Officer.
Fill shall be permitted only to the extent to which it does not adversely affect adjacent properties.
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:
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.
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.
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.
Requests for variances shall be considered by the Borough in accordance with the procedures contained within this Part 1 and as follows:
If granted, a variance shall involve only the least modification necessary to provide relief.
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.
In reviewing any request for a variance, the Borough shall consider but not be limited to the following:
That there is a good and sufficient cause.
That failure to grant the variance would result in exceptional hardship to the applicant.
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.
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.
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.
All buildings and structures shall be designed, constructed and placed on the lot so as to offer the minimum obstruction to the flow of water.
The following shall not be placed or caused to be placed in identified flood-prone areas:
Fences, except two-wire fences.
Other structures or other matter which may impede, retard or change the direction of the flow of water or that will catch or collect debris carried by such water or that is placed where the natural flow of the stream or flood waters would carry the same downstream to the damage or detriment of either public or private property adjacent to the flood-prone areas.
Wood floorings used below an elevation of one foot above the established flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
All finished flooring below an elevation of one foot above the established flood elevation shall be made of materials which are stable and resistant to water damage resulting from submersion.
All carpeting or carpet cushions employed as a finished flooring surface below an elevation of one foot above the established flood elevation shall be made of materials which are resistant to water damage resulting from submersion.
Plywood used below an elevation of one foot above the established flood elevation shall be of an exterior or marine grade and of a water-resistant or waterproof variety.
Basement ceilings below an elevation of one foot above the established flood elevation shall have sufficient wet strength and be so installed as to survive inundation.
Water heaters, furnaces and other critical mechanical installations shall be prohibited below an elevation of one foot above the established flood elevation.
No part of any on-site sewage disposal system shall be allowed within the identified flood-prone area(s).
Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
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.
Adhesives used below an elevation of one foot above the established flood elevation shall have a bonding strength that is unaffected by inundation.
Doors and all wood trim used below an elevation of one foot above the established flood elevation shall be sealed with a waterproof paint or similar product.
Paints or other finishes used below an elevation of one foot above the established flood elevation shall be capable of surviving inundation.
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.
Any person who fails to comply with any or all of the requirements or provisions of this Part 1 or who fails or refuses to comply with any notice, order or direction of the Building Permit Officer or any other authorized employee of the Borough shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of West View of not less than $25 nor more than $300 plus costs of prosecution. In default of such payment, such person shall be imprisoned in the county prison for a period not to exceed 30 days. Each day during which any violation of this Part 1 continues shall constitute a separate offense.
In addition to the above penalties, all other actions are hereby reserved, including any action in equity for the proper enforcement of this Part 1. The imposition of a fine or penalty for any violation of or noncompliance with this Part 1 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 or relocated in noncompliance with this Part 1 may be declared by the Council of the Borough of West View to be a public nuisance and abatable as such.