[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]
(a)
ACCESSORY USE OR STRUCTURE
ALLUVIAL SOILS MAPS
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
CONSTRUCTION
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
A.
B.
C.
D.
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK AND/OR SUBDIVISION
MARKET VALUE
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
TOXIC MATERIALS
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
As used in this article, certain terms are defined as follows:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
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.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood).
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.
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.
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.
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.
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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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.
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 the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
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.
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.
For the purposes of this Zoning Code, shall be determined
utilizing the market value established by the Lebanon County Tax Assessment
Office.
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.
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.
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.
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.
The base flood elevation (BFE) plus a freeboard safety factor
of two feet.
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.
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.
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.
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.
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:
Acetone.
Ammonia.
Benzene.
Calcium carbide.
Carbon disulfide.
Celluloid.
Chlorine.
Hydrochloric acid.
Hydrocyanic acid.
Magnesium.
Nitric acid and oxides of nitrogen.
Petroleum products (gasoline, fuel oil, etc.).
Phosphorus.
Potassium.
Pesticides (including insecticides, fungicides, and rodenticides).
Sodium.
Sulfur and sulfur products.
Radioactive substances, insofar as such substances are not otherwise
regulated.
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.
(a)
Pre-application procedures.
(1)
It is suggested that prospective developers consult the Pennsylvania
Department of Environmental Protection concerning soil suitability
when on-site sewage disposal facilities are proposed.
(2)
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.
(b)
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:
(1)
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.
(2)
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.
(c)
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:
(1)
All information required for submission of the preliminary plan
plus any changes required by the Engineering Department.
(2)
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.
(a)
General.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Lots which are within the floodplain shall be subject to the
following:
(b)
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.
(c)
Drainage facilities.
(1)
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.
(2)
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.
(d)
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.
(e)
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.
(1)
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.
(2)
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.
(f)
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.
(g)
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:
(a)
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.
(b)
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.