[Ord. 782, 9/17/1986,
§ 101; as amended by Ord. 857, 9/20/1995, § 1]
1. The intent of this chapter is to:
A. Promote the general health, welfare, and safety of the community.
B. Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
C. Minimize danger to public health by protecting water supply and natural
drainage.
D. Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
E. Comply with federal and state floodplain management requirements.
[Ord. 782, 9/17/1986,
§ 102; as amended by Ord. 976, 1/16/2008]
It shall be unlawful for any person, partnership, business,
or corporation to undertake, or cause to be undertaken, any construction
or development anywhere within the Borough unless a building permit
has been obtained from the Borough Code Enforcement Officer, or such
other official as designated from time to time by Council, in compliance
with all Borough codes, ordinances and requirements.
[Ord. 782, 9/17/1986,
§ 103; as amended by Ord. 857, 9/20/1995, § 2]
1. This chapter supersedes any other conflicting provisions which may
be in effect in identified floodplain areas. However, any other ordinance
provisions shall remain in full force and effect to the extent that
those provisions are more restrictive.
2. If there is any conflict between any of the provisions of this Part,
the more restrictive shall apply.
3. Wherever this Part refers to a governmental, local, state or federal,
entity which no longer exists but whose duties, responsibilities,
functions or purposes have been re-assigned to another entity or to
a newly created entity said reference shall be interpreted to refer
to the re-assigned or newly created entity.
[Ord. 782, 9/17/1986,
§ 104]
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this chapter
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
[Ord. 782, 9/17/1986,
§ 105]
1. The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur. 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 any identified floodplain area, or that land uses
permitted within such areas will be free from flooding or flood damages.
2. This chapter shall not create liability on the part of the Borough,
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
[Ord. 782, 9/17/1986,
§ 106; as amended by Ord. 857, 9/20/1995, §§ 3,
4; and by Ord. 976, 1/16/2008]
For the purpose of this chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future, the singular number shall include the plural, and plural the
singular, and the word "shall" is mandatory and not directory.
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.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of manufactured homes.
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
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 flood waters of a given magnitude. For the purposes of this
Part, the floodway shall be capable of accommodating a flood of the
one-hundred-year magnitude.
HISTORIC STRUCTURE
Any structure that is:
(1)
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.
(2)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district preliminarily determined by the Secretary to qualify
as a registered historic district.
(3)
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior.
(4)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(a)
By an approved state program as determined by the Secretary
of the Interior.
(b)
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. Included are all
areas identified as General Floodplain (FA).
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
(a)
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.
(b)
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.
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 transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site completed
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. 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 additions to, alterations of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, 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 September 17, 1986, and includes any subsequent improvements
thereto.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across,
or projecting into any channel, watercourse, or flood-prone area,
(1) which may impede, retard, or change the direction of the flow
of water either in itself or by catching or collecting debris carried
by such water, or (2) which is placed where the flow of the water
might carry the same downstream to the damage of life and property.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% 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 (i) built on a single chassis; (ii) not
more than 400 square feet, measured at the largest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light-duty
truck; (iv) not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
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.
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,"
regardless of the actual repair work performed. The term does not,
however, include either:
(1)
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.
(2)
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 Uniform Construction Code adopted the International Residential
Code (IRC) and the International Building Code (IBC) of 2006 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.