[Ord. 3-2012, 13 § 1, passed 5-29-2012]
The purpose of the Regulations set forth in this article is to monitor the subdivision and/or development of floodplain areas in order to promote and protect the general health, welfare and safety of the community; to require that each subdivision lot in floodplain areas be provided with a safe building site with adequate access; to insure that public facilities which serve such lots or development be designed and installed to preclude flood damage; to protect individuals from purchasing lands which are unsuitable for development because of floodplain lands. The subsequent sections shall be considered requirements supplemental to those procedures and standards specified elsewhere in these Regulations, City Zoning Code and any other applicable ordinances and codes.
[Ord. 3-2012, 13, § 1, passed 5-29-2012]
As used in this article, certain terms are defined as follows:
- 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.
- ALLUVIAL SOILS MAPS
- Soils maps prepared by the United States Department of Agriculture, Soil Conservation Service which indicate the location of soil types. Alluvial soils on these maps are soils of floodplains that are sediment deposits washed from upland areas. The presence of an alluvial soil indicates that the land has been flooded at some previous point in time.
- BASE FLOOD
- A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood).
- BASE FLOOD ELEVATION (BFE)
- The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.
- Any area of the building having its floor below ground level on all sides.
- 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 occupancy.
- Includes the building, reconstruction, extension, expansion, alteration, substantial improvement, erection or relocation of a building or structure, including manufactured homes, and gas or liquid storage tanks. For floodplain purposes, "new construction" includes structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the municipality.
- 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.
- EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
- EXPANSION TO AN EXISTING MANUFACTURED HOME SUBDIVISION
- The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
- A general and temporary inundation of normally dry land areas by water from waterway overflows or the unusual and rapid accumulation or runoff of surface waters from any source.
- FLOOD INSURANCE RATE MAP (FIRM)
- The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
- FLOOD INSURANCE STUDY (FIS)
- The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
- 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.
- 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.
- The channel of a river or other watercourse and the adjacent land area that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation of that flood more than one foot at any point.
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
- HISTORIC STRUCTURE
- Any structure that is:
- A. Listed individually in the National Register of Historic Places (a listing maintained by the Dept. of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
- B. 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.
- C. 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.
- D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- LOWEST FLOOR
- The lowest floor of the lowest fully enclosed area (including basements). 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 non-elevation design requirements of this Zoning Code.
- 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 connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes (1) all mobile homes and (2) camping trailers, recreational vehicles, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
- MANUFACTURED HOME PARK AND/OR SUBDIVISION
- A lot or area which is a planned development and designated to contain two or more manufactured homes for rent or for sale. Any lot or area proposed to utilize such design where individual manufactured home sites are proposed for sale shall be known as a manufactured home subdivision.
- MARKET VALUE
- For the purposes of this Zoning Code, shall be determined utilizing the market value established by the Lebanon County Tax Assessment Office.
- MINOR REPAIR
- The replacement of existing work with the 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 exit way 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 June 5, 2012, and indicates any subsequent improvements to such structures. Any construction started after December 4, 1979, and before June 5, 2012, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 90 days of permit issuance.
- NEW MANUFACTURED HOME PARK OR SUBDIVISION
- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
- 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 vehicular-type of portable structure which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) self-propelled or mounted on or drawn by another vehicle, and (4) primarily designed as temporary living accommodations for recreation, camping or travel or seasonal use and not as a permanent dwelling. The term recreational vehicle includes, but is not limited to, travel trailers, camping trailers, truck campers and self-propelled motor homes.
- REGULATORY FLOOD ELEVATION
- The base flood elevation (BFE) plus a freeboard safety factor of two feet.
- SPECIAL FLOOD HAZARD AREA (SFHA)
- An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zones A, AO, A1-30, AE, A99, or AH.
- START OF CONSTRUCTION
- Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within one year after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
- A walled and roofed building, including a gas or liquid storage tank (principally above ground), a manufactured home, or any other man-made object usually assembled of interdependent parts or components which is designed to have a more or less fixed location, whether or not permanently attached at that location.
- SUBSTANTIAL DAMAGE
- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% 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" regardless of the actual repair work performed. The term does not, however, include any project for the improvement of a structure to correct existing violations of the 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. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this Zoning Code, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior of the State Historic Preservation Officer. Any exemption from the ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
- TOXIC MATERIALS
- The following materials and substances, which are listed in Section 38.7 of the Department of Community and Economic Development Floodplain Management regulations, adopted pursuant to the Pennsylvania Flood Plain Management Act (Act 1978-166) have been determined to be dangerous to human life:
- A. Acetone.
- B. Ammonia.
- C. Benzene.
- D. Calcium carbide.
- E. Carbon disulfide.
- F. Celluloid.
- G. Chlorine.
- H. Hydrochloric acid.
- I. Hydrocyanic acid.
- J. Magnesium.
- K. Nitric acid and oxides of nitrogen.
- L. Petroleum products (gasoline, fuel oil, etc.).
- M. Phosphorus.
- N. Potassium.
- O. Pesticides (including insecticides, fungicides, and rodenticides).
- P. Sodium.
- Q. Sulfur and sulfur products.
- R. Radioactive substances, insofar as such substances are not otherwise regulated.
- UNIFORM CONSTRUCTION CODE (UCC)
- The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether 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 State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
- The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[Ord. 3-2012, 13, § 1, passed 5-29-2012]
The following procedures shall be required in addition to those specified otherwise in these Regulations.
It is suggested that prospective developers consult the Pennsylvania Department of Environmental Protection concerning soil suitability when on-site sewage disposal facilities are proposed.
Prospective developers shall consult the County Conservation District representative concerning erosion and sediment control and the probable effect of geologic conditions on the proposed development. Concurrently, a determination should be made as to whether or not any flood hazards either exist or will be created as a result of the proposed subdivision or development.
Preliminary plan requirements. The following information shall be required as part of the preliminary plan when a subdivision is in a floodplain area and shall be prepared by a registered surveyor:
A map illustrating the location of the proposed subdivision or land development with respect to the City's floodplain areas including information on, but not limited to, regulatory flood elevations, boundaries of floodplain areas, proposed lots and sites, fill, and flood or erosion protective facilities.
Where the subdivision or land development lies partially or completely in the floodplain area or where the subdivision borders on the floodplain area, the preliminary plan map shall include detailed information giving the location and elevation of proposed roads, public utilities, and building lots. All such maps shall also show contours at intervals of two feet and identify accurately the boundaries of the floodplain area.
Final plan requirements. The following information shall be required as part of the final plan and shall be prepared by a registered engineer or surveyor:
All information required for submission of the preliminary plan plus any changes required by the Engineering Department.
A map showing the exact location and elevation of all proposed buildings, structures, roads, and public utilities to be constructed in floodplain areas. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the floodplain area.
[Ord. 3-2012, 13, § 1, passed 5-29-2012]
The design standards and improvements specified herein shall be considered requirements in addition to those of Article 1379 and otherwise listed in these Regulations.
Where not prohibited by this or any other laws or ordinances, land located in floodplain areas may be platted for development with the provision that the developer construct all buildings and structures to preclude flood damage in accordance with these Regulations and any other laws and ordinances regulating such development.
Building sites for residences or any other type of dwellings or accommodations and building sites for structures or buildings other than residential uses permitted in the floodplain only when in compliance with the Zoning Code and any other applicable regulations.
If the Engineering Department determines that only a part of a proposed plat can be safely developed, they shall limit development to that part and shall require that development proceed consistent with this determination.
When a developer does not intend to develop the plat himself and the Engineering Department determines that additional controls are required to insure safe development, they may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.
Lots which are within the floodplain shall be subject to the following:
Excavation and grading. Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult the County Conservation District representative concerning plans for erosion and sediment control and to also obtain a report on the soil characteristics of the site so that determination can be made as to the type and degree of development the site may accommodate.
Storm drainage facilities shall be designed to convey the flow of surface water without damage to persons or property. The system shall insure drainage at all points along streets and provide positive drainage away from buildings and on-site disposal sites.
Plans shall be subject to the approval of the Engineering Department. The Engineering Department may also require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be designed to prevent the discharge of excess runoff onto adjacent properties.
Streets. The finished excavation of proposed streets shall be no more than two feet below the regulatory flood elevation. The Engineering Department may require, where necessary, profiles and elevations of streets to determine compliance with this requirement. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
Sewer facilities. All sanitary sewer systems located in floodplain areas, whether public or private, shall be floodproofed to a point two feet above the regulatory flood elevation.
The Engineering Department may prohibit installation of sewage disposal facilities requiring soil absorption systems where such systems will not function due to high ground water, flooding or unsuitable soil characteristics. The Engineering Department may require that the developer note on the face of the plat and in any deed of conveyance that soil absorption fields are prohibited in designated areas.
The Engineering Department may prescribe adequate methods for waste disposal. If a sanitary sewer system is located on or within 1,000 feet of the proposed subdivision and/or land development, the Engineering Department shall require the developer to provide sewage facilities to connect to this system where practical, and shall prescribe the procedures to be followed by the developer in connecting to the system.
Water facilities. All water systems located in floodplain areas, whether public or private, shall be floodproofed to a point two feet above the regulatory flood elevation. If there is an existing public water supply system on or near the subdivision, the Engineering Department shall require the developer to connect to this system where practical and shall prescribe the procedures to be followed by the developer in connecting to the system.
Other public and/or private utilities and facilities. All other public and/or private utilities and facilities shall be elevated or floodproofed to a point two feet above the regulatory flood elevation.
[Ord. 3-2012, 13, § 1, passed 5-29-2012]
No final plat shall be approved by the Engineering Department until the improvements required by these Regulations are completed in a satisfactory manner and approved by the Engineering Department. In lieu of such construction, approval may be granted prior to completion providing:
The developer enters into an agreement with the City guaranteeing that improvements will be installed in accordance with the plans, specifications and schedules approved by the City prior to plat approval. This agreement shall also guarantee that no lot will be sold or building constructed in any floodplain area prior to completion of all protective works or measures planned for such lot and necessary access to facilities.
The developer provides a fiscal security to guarantee performance of this agreement and completion of the improvements as planned. The surety may include a certified check, escrow account, irrevocable letter of credit or other bond acceptable to the City. The procedural requirements of § 1379.14 shall apply to any such bonding proposal.
[Ord. 3-2012, 13, § 1, passed 5-29-2012]
The grant of a permit or approval of a subdivision and/or land development plan in the identified floodplain area shall not constitute a representation guarantee, or warranty of any kind by the City or by an official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the City, its officials or employees.