Borough of Burnham, PA DISTRICT REGULATIONS

[Ord. 1973-8, 5/25/1973, § 507; as amended by Ord. 1978-6, 3/8/1978; by Ord. 1985-3, 9/25/1985, § 3; and by Ord. 1995-2, 3/14/1995]

Designation of Districts.

[Amended by Ord. 2006-3, 8/7/2006]

FW - Floodway District.

FF - Flood-Fringe District.

FA - General Floodplain District.

FE - Special Floodplain District.

Purpose. The purpose of these provisions is to prevent the lose 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:

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.

Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.

Requiring all those uses, activities, and developments that do occur in floodprone areas to be protected and/or flood proofed against flooding and flood damage.

Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

General.

These provisions shall apply to all lands within the jurisdiction of Burnham Borough and shown on the Official Zoning Map as being located within the boundaries of any floodplain district.

The degree of flood protection sought by the provisions of this Part 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 floodplain districts, or that land uses permitted within such districts, will be free from flooding or flood damages.

This Chapter shall not create liability on the part of Borough Council or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.

Description of Districts. The various floodplain districts shall include areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of these districts shall be the final Flood Insurance Study dated August 16, 2006.

[Amended by Ord. 2006-3, 8/7/2006]

The Floodway District (FW) is delineated for purposes of this Chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The Floodway District is shown on the Burnham Borough Official Zoning Map. The areas included in this District are specifically defined in Table 1 of the above referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map.

The Flood-Fringe District (FF) shall be that area of the one-hundred-year floodplain not included in the Floodway District. The basis for the outermost boundary of this district shall be the one-hundred-year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study (FIS) and as shown on the accompanying Flood Boundary and Floodway Map.

The General Floodplain District (FA) shall be that floodplain area for which no detailed flood profiles or elevations are provided. Such areas are shown on the maps accompanying the FIS prepared by the FIA. In determining the necessary elevations for the purposes of this Chapter, other sources of data may be used such as:

(1)

Susquehanna River Basin Commission Flood Maps.

(2)

Corps of Engineers - Floodplain Information Reports.

(3)

U.S. Geological Survey - Flood prone quadrangles.

(4)

U.S.D.A., Soil Conservation Service - County Soil Surveys (Alluvial Soils).

(5)

Known highwater marks from past floods.

(6)

Other sources.

The Special Floodplain District (FE) shall be 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.

[Added by Ord. 2006-3, 8/7/2006]

Overlay Concept.

The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable.

District Provisions.

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 Subdivision and Land Development Ordinance [Chapter 22].

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.

Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the Borough, a permit shall be obtained from the Department of Environmental Resources, Dams and Encroachment Division. Further, notification of the proposed alteration or relocation shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.

(1)

Floodway District (FW). In the Floodway District no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and/or State authorities as required above.

(a)

Permitted Uses. In the Floodway District the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment:

Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat-launching, and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, and fishing areas.

Accessory residential uses such as yard areas, gardens, play areas, and pervious parking areas.

Accessory industrial and commercial uses such as yard areas, pervious parking areas.

(b)

Uses Permitted by Special Exception. The following uses and activities may be permitted by special exception provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:

Structures, except for mobile homes, accessory to the uses and activities in Subsection (a), above.

Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other similar or related uses; except that this provision shall not be applicable only to the extent that exclusive jurisdiction thereof is in the Pennsylvania Department of Environmental Resources, or successor agency, or to the extent that the law and regulations granting the Pennsylvania Department of Environmental Resources jurisdiction supersedes or is inconsistent with this Chapter, all pursuant to the Floodplain Management Act, Act of October 4, 1978, P.L. 851, No. 166, § 101 et seq., 32 P.S. § 679.101 et seq., as amended and specifically per § 302, 32 P.S. § 679.302, as amended from time to time.

Water-related uses and activities such as marina, docks, wharves, piers, etc.

Extraction of sand, gravel, and other materials.

Temporary uses such as circuses, carnivals, and similar activities.

Storage of materials and equipment provided that they are not buoyant, flammable, or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.

Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural developments shall be undertaken in strict compliance with the flood proofing provisions contained in all other applicable codes and ordinances.

(2)

Flood-Fringe District (FF). In the Flood-Fringe 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 flood proofing and related provisions contained in all other applicable codes and ordinances.

(3)

General Floodplain District (FA). In the General 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 all other applicable codes and ordinances.

Special Exceptions and Variances.

In passing upon applications for special exceptions and variances the Zoning Hearing Board shall consider all relevant factors and procedures specified in other Sections of this Chapter and:

(1)

The danger to life and property due to increase flood heights or velocities caused by encroachments. No special exception shall be granted for any proposed use, development, or activity that will cause any increase in flood levels during the one-hundred-year flood.

(2)

The danger that materials may be swept on to other lands or downstream to the injury of others.

(3)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(4)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(5)

The importance of the services provided by the proposed facility to the community.

(6)

The requirements of the facility for a waterfront location.

(7)

The availability of alternative locations not subject to flooding for the proposed use.

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(10)

The safety of access to the property in times of flood of ordinary and emergency vehicles.

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(12)

Such other factors which are relevant to the purposes of this Chapter.

The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance 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.

Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in (1) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense, (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

Development Which May Endanger Human Life.

The provisions of this § 507.8 shall be applicable, in addition to any other applicable provisions of this Chapter, or any other ordinance, code, or regulation and the provisions hereof shall supersede any other provisions of this Chapter inconsistent herewith.

In accordance with the Pennsylvania Floodplain Management Act, Act of October 4, 1978, P.L. 851, No. 166, § 101, et seq., 32 P.S. § 679.101 et seq., as amended, and the regulations adopted by the Department of Community Affairs as required by the said Act, 16 Pa. Code. § 38.1 et seq., as amended, any new or substantially improved structure (for purposes of this Section, the word "structure" being defined as in said regulations adopted by the Department of Community Affairs, as amended from time to time) which will be used for the production or storage of any of the following materials or substances, or which will be used for any activity requiring the maintenance of a supply in a combined total quantity in excess of 550 gallons or other comparable volume, or any amount of radioactive substances, of any of the following materials or substances on the premises, the following materials or substances being:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric add and oxides of nitrogen.

(12)

Petroleum products (gasoline, fuel oil, etc.)

Phosphorus.

Potassium.

Sodium.

Sulphur and sulphur products.

(17)

Pesticides (including insecticides, fungicides and rodenticides).

(18)

Radioactive substances, insofar as such substances are not otherwise regulated.

shall be subject to the provisions of this Section, in addition to all other applicable provisions.

Within any Floodway District (FW), any structure of the kind described in § 506.8B above, shall be prohibited.

Where permitted within any Flood-Fringe District (FF) or General Floodplain District (FA), any structure of the kind described in § 507.8B above shall be:

(1)

Elevated or designed and constructed to remain completely dry, up to at least 1 1/2 feet above the one-hundred-year flood; and

(2)

Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.

Any such structure or part thereof that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard.

Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this Section.

Freeboard requirements for the kind of development regulated by this § 507.8 of this Chapter, as amended, may be modified upon the grant of a variance if the Zoning Board determines, in addition to other requirements of a variance, that the applicant has demonstrated as follows:

(1)

That there are unique physical circumstance, including such things as exceptional topographical or other existing natural or man-made conditions peculiar to the property.

(2)

That because of such physical circumstances and conditions, the proposed substantial improvement cannot be reasonably designed and constructed in compliance with the provisions of the applicable requirements, and that a reduction is therefor necessary.

(3)

That failure to grant the request will result in exceptional hardship to the applicant.

(4)

That approval of the request will not result in increased flood heights within any designated floodway.

(5)

That approval of the request will not result in any additional threat to public health and safety, result in any extraordinary public expense, or create any nuisance.

(6)

That approval of the request will not result in any conflict with any other applicable laws or regulations.

Anything to the contrary in this Chapter notwithstanding, as provided in the Floodplain Management Act, Act of October 4, 1978, P.L. 851, No. 166, § 101, et seq., 32 P.S. § 679.101 et seq., as amended from time to time, and specifically as per § 302, 32 P.S. § 679.302, as amended from time to time, the Pennsylvania Department of Environmental Resources, or successor agency, shall have jurisdiction pursuant to the said Floodplain Management Act to regulate:

(1)

Any obstruction regulated under the Dam Safety and Encroachment Act, 32 P.S. § 693.1 et seq., as amended from time to time.

(2)

Any flood control project constructed, owned or maintained by a governmental unit.

(3)

Any highway or other obstruction, constructed, owned or maintained by the Commonwealth or a political subdivision thereof.

(4)

Any obstruction owned or maintained by a person engaged in the rendering of a public utility service, as those terms are defined in § 104, Floodplain Management Act, 32 P.S. § 679.104, as amended from time to time.

The Borough of Burnham shall, however, retain jurisdiction to the extent that this Chapter is not inconsistent with or superseded by the law and regulations related thereto granting and defining the exclusive jurisdiction of the Department of Environmental Resources, per the Floodplain Management Act, Act of October 4, 1978, P.L. 851, No. 166, § 101, et seq., 32 P.S. § 679.101 et seq., as amended from time to time, or otherwise.

Definitions. The following words and terms, when used in Chapter 27, Part 5, § 507, Floodplain Districts, and Chapter 27, Part 6, § 610, Special Provisions Applying to Designated Floodplain Districts Floodplain (FP), and in relation to these floodplain provisions, shall have the meanings next ascribed to them.

[Added by Ord. 2006-3, 8/7/2006]

ACCESSORY USE OR STRUCTURE

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

BASEMENT

Any area of the building having its floor below ground level on all sides.

BUILDING

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.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

DEVELOPMENT

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.

ESSENTIALLY DRY SPACE

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.

FLOOD

A temporary inundation of normally dry land areas.

FLOODPLAIN AREA

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.

FLOODPROOFING

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.

FLOODWAY

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.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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 Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1)

By an approved state program as determined by the Secretary of the Interior; or

(2)

Directly by the Secretary of the Interior in states without approved programs.

IDENTIFIED FLOODPLAIN AREA

The floodplain area specifically identified in this Chapter as being inundated by the one-hundred-year flood.

LAND DEVELOPMENT

Any of the following activities:

The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

(1)

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

(2)

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

A subdivision of land.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this Chapter.

MANUFACTURED HOME

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 attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

MANUFACTURED HOME PARK

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.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after January 16, 1981, and includes any subsequent improvements thereto.

ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e., that has one-percent chance of occurring each year, although the flood may occur in any year).

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

RECREATIONAL VEHICLE

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.

Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOOD ELEVATION

The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

REPETITIVE LOSS

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.

SPECIAL PERMIT

A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all or a designated portion of a floodplain.

STRUCTURE

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.

SUBDIVISION

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, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIAL DAMAGE

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.

SUBSTANTIAL IMPROVEMENT

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 when a repetitive loss provision is used) 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 a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the Commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.