[Amended 11-8-1978 by Ord. No. 1226; 10-2-1995 by Ord. No. 1359]
A.
Special requirements.[1]
[1]
Editor's Note: This subsection was added to contain language
set forth in the Pennsylvania Department of Community and Economic
Development suggested model ordinance. A complete copy of Ord. No.
1359 is on file in the Borough offices and may be examined there during
regular office hours. Said Ord. No. 1359 was subsequently amended
11-13-1996 by Ord. No. 1367.
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]
A.
All fill shall extend laterally 15 feet beyond the building line
from all points.
B.
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.
C.
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.
D.
Fill shall be permitted only to the extent to which it does not adversely
affect adjacent properties.
[1]
Editor's Note: This ordinance amended this section to
delete the current language and replace it with language set forth
in the Pennsylvania Department of Community and Economic Development
suggested model ordinance. A complete copy of Ord. No. 1359 is on
file in the Borough offices and may be examined there during regular
office hours. Said Ord. No. 1359 was subsequently amended 11-13-1996
by Ord. No. 1367.
[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.
(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.
A.
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.
B.
The following shall not be placed or caused to be placed in identified
flood-prone areas:
(1)
Fences, except two-wire fences.
(2)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
Water heaters, furnaces and other critical mechanical installations
shall be prohibited below an elevation of one foot above the established
flood elevation.
B.
No part of any on-site sewage disposal system shall be allowed within
the identified flood-prone area(s).
C.
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.
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.
A.
Adhesives used below an elevation of one foot above the established
flood elevation shall have a bonding strength that is unaffected by
inundation.
B.
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.
C.
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.
A.
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.
[Amended 2-2-1977 by Ord. No. 1191]
B.
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.
