[Amended 4-7-2015 by Ord.
No. 273]
The landowner, person and/or entity performing any earth disturbance
shall utilize sufficient measures to prevent soil erosion and sedimentation
of creeks and manage the water runoff in compliance with the East
Petersburg Stormwater Ordinance.[1]
A.
No land owner, tenant nor lessee shall use or allow to be used any
land or structures in a way that results or threatens to result in
any of the following conditions:
(1)
Transmission of communicable disease, including conditions that
may encourage the breeding of insects or rodents.
(2)
A physical hazard to the public, or a physical hazard that could
be an attractive nuisance that would be accessible by children.
(3)
Pollution to groundwaters or surface waters, other than as authorized
by a state or federal permit.
(4)
Risks to public health and safety, such as but not limited to
explosion, fire or biological hazards.
(5)
Interference with the reasonable use and enjoyment of property
by a neighboring landowner of ordinary sensitivities.
B.
Additional information. If the Zoning Officer has reason to believe
that the proposed use may have difficulty complying with the standards
of this chapter, then the Zoning Officer may require an applicant
to provide written descriptions of proposed machinery, hazardous substances,
operations and safeguards.
See § 124-308.
[Amended 4-5-2016 by Ord.
No. 279]
A.
This section serves the following major purposes:
(1)
Promote the general health, welfare, and safety of the Borough.
(2)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply
and natural drainage.
(4)
Reduce financial burdens imposed on the Borough and its residents
by preventing excessive development in areas subject to flooding.
(5)
Comply with federal and state floodplain management requirements.
B.
The Legislature of the Commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. The Borough Council
has enacted this section in accordance with the Flood Plain Management
Act, the Borough Code, and the MPC.[2]
C.
Floodplain District applicability and administration.
(1)
The regulations of the FP Floodplain District shall apply throughout
the entire Borough as overlay zoning regulations that supplement the
zoning district regulations. Where the regulations of this section
differ from the regulations of any other section of this chapter,
the provision that is more restrictive on development shall apply.
(a)
The inclusion of construction and floodproofing standards in
this section shall not be interpreted to allow any structure or construction
that is not expressly authorized by this article. If the Zoning Hearing
Board grants a variance to allow a structure or construction not authorized
by this article, such structure or construction shall comply with
all construction and floodproofing standards in this section unless
the Zoning Hearing Board also grants a variance from a specific construction
or floodproofing standard.
(2)
The degree of flood protection sought by the provisions of this
article is considered reasonable for regulatory purposes and is based
on accepted engineering methods of study. Larger floods may occur
or 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 areas,
or that land uses permitted within such areas, will be free from flooding
or flood damages. 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.
(3)
This article supersedes any other conflicting provision which
may be in effect in identified floodplain areas. However, any other
ordinance provision shall remain in full force and effect to the extent
that those provisions are more restrictive. If there is any conflict
between any of the provisions of this chapter and provisions of other
ordinances, the more restrictive shall apply.
(4)
The Zoning Officer is hereby appointed to administer and enforce
this article and for all purposes shall be considered and may sometimes
be referred to as the "Floodplain Administrator." The Floodplain Administrator
may fulfill the duties and responsibilities set forth in these regulations;
delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or enter into a written agreement or written contract
with another agency or private sector entity to administer specific
provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the Borough of its
responsibilities pursuant to the participation requirements of the
National Flood Insurance Program as set forth in the Code of Federal
Regulations at 44 CFR 59.22. In addition to the powers and duties
generally set forth in this chapter, when serving as Floodplain Administrator,
the Zoning Officer shall have the following powers and duties:
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[3] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[4] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[5] and the U.S. Clean Water Act, Section 404, 33 USC § 1344.
No permit shall be issued until this determination has been made.
In the case of existing structures, prior to the issuance of any permit,
the Floodplain Administrator shall also review the history of repairs
to the subject building so that any repetitive loss concerns can be
addressed before the permit is issued.
(c)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable Borough ordinances.
He/she shall make as many inspections during and upon completion of
the work as are necessary.
(d)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of property credentials, at any reasonable hour to enforce the provisions
of this article.
(e)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Borough Council for whatever action it
considers necessary.
(f)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this article, including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(g)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning Borough participation
in the National Flood Insurance Program.
(h)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated, but the ultimate
responsibility lies with the Zoning Officer.
(i)
The Floodplain Administrator shall consider the requirements
of the UCC.
D.
Identification of FP Floodplain District.
(1)
The FP Floodplain District is all those areas of East Petersburg
Borough, Lancaster County, Pennsylvania, classified as special flood
hazard areas in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Map (FIRM) dated April 5, 2016, and issued by
FEMA, or the most recent version thereof, including all digital data
developed as part of the FIS and FIRM.
(2)
The above-referenced FIS and FIRM, and any subsequent revisions
and amendments, are hereby adopted by East Petersburg Borough and
declared to be a part of this section and the FP Floodplain District.
(a)
An area measuring 50 feet horizontally perpendicular from the
top bank of the watercourse; or
(b)
The area inundated by the base flood as determined through qualified
hydrologic and hydraulic study. Such study shall be signed, sealed
and certified by a registered professional of the Commonwealth of
Pennsylvania. Such certification shall acknowledge the accuracy of
the study or survey and the qualification of the individual to perform
such study or survey. Copies of such studies and surveys shall be
submitted by the Zoning Officer to the Borough Engineer and the Federal
Emergency Management Agency, which shall have 30 days to comment.
Any landowner whose property is so studied shall pay all costs of
these studies and surveys, except for work done under retainer to,
or on behalf of, the Borough.
(c)
All land which has been flooded by floods of record.
E.
Changes in identified floodplain area. The identified floodplain
area may be revised or modified by the Borough Council where studies
or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change, approval
must be obtained from the FEMA. As soon as practicable, but not later
than six months after the date such information becomes available,
the Borough shall notify FEMA of the changes by submitting technical
and scientific data.
F.
Boundary disputes.
(1)
Should a dispute concerning any boundary of the Floodplain Zone arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board in accordance with § 124-111D(1)(a). The burden of proof in such an appeal shall be on the applicant and all hearings and procedures shall follow the requirements of §§ 124-111 and 124-112.
(2)
All changes to the boundaries of the Floodplain Zone which affect areas identified in § 124-504D(1) are subject to the review and approval of the Federal Emergency Management Agency for compliance with the rules and regulations of the National Flood Insurance Program.
G.
Relationship to other sections. The provisions of this section create
an overlay zoning district which is applicable within floodplains
in all other zoning districts established by this chapter. To the
extent the provisions of this section are applicable and more restrictive,
they shall supersede conflicting provisions within all other sections
of this chapter and all other ordinances of the Borough. However,
all other provisions of all other articles of this chapter and all
other ordinances of the Borough shall remain in full force.
H.
Floodplain compliance.
(1)
No structure shall be used or located, relocated, constructed,
reconstructed, enlarged or structurally altered or land used except
in full compliance with these floodplain regulations and other provisions
of applicable Borough ordinances. A Borough zoning permit is required
for any development within the one-hundred-year floodplain.
(2)
Any alteration to a waterway, a drainage channel or the one-hundred-year
floodplain, including development, redirecting drainageways, changes
in grade or filling in, shall only occur after a determination by
the Zoning Officer that all Borough ordinances have been complied
with and after any needed state or federal permits are received.
(3)
Any municipality that will be affected by a change in an alteration
or relocation of a waterway shall be given prior notice of such proposal,
with copies of such notice provided to the Pennsylvania Department
of Community and Economic Development (DCED) and FEMA.
I.
Permits.
(1)
Permits for uses, structures and grading within the identified
floodplain area.
(a)
Applications for such a permit shall be made, in writing, to
the Zoning Officer.
(b)
All permit applications shall include the following:
[1]
The name and address of the applicant.
[2]
The name and address of the owner of land on which proposed
construction is to occur.
[3]
The name and address of the contractor.
[4]
The site location.
[5]
A brief description of the proposed work and estimated costs.
[6]
A site plan showing the exact size and location of the proposed
construction, as well as any existing buildings or structures, and
also showing the one-hundred-year flood line.
[7]
A brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(2)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, permit applicants
shall provide all the necessary information in sufficient detail and
clarity to enable the Zoning Officer to determine that:
(a)
The proposal is consistent with the need to minimize flood damage
and conform with the requirements of this and all other applicable
codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Zoning Officer
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if applicable.
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
[4]
The location of all existing streets, driveways and other accessways.
[5]
The location of any existing bodies of water or watercourses,
identified floodplain area, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with the BFE.
[2]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within any identified floodplain area, when combined with all other
existing and anticipated development, will not cause any increase
to the BFE.
[4]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the BFE. Such statement shall
include a description of the type and extent of floodproofing measures
which have been incorporated into the design of the structure and/or
the development.
(e)
Detailed information needed to determine compliance within § 124-504S(6), Storage, and § 124-504T, Development that may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in § 124-504S(6) and T which are intended to be used, produced, stored or otherwise maintained on site.
(f)
The appropriate component of the Department of Environmental
Protection (DEP) "Planning Module for Land Development."
(g)
Where any excavation or grading is proposed, a plan meeting
DEP requirements to implement and maintain erosion and sedimentation
control.
J.
Review of permit applications by Conservation District. A copy of
all applications and plans for any proposed construction or development
in any identified floodplain area to be considered for approval shall
be submitted by the Zoning Officer to the Conservation District for
review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Zoning Officer
for possible incorporation into the proposed plan.
K.
Review of permit applications by others. A copy of all plans and
applications for any proposed construction or development in any identified
floodplain area to be considered for approval may be submitted by
the Zoning Officer to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Borough Engineer, etc.) for review and
comment.
L.
Changes to permits. After the issuance of a permit by the Zoning
Officer, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Zoning Officer. Requests for any such change shall be in writing and
shall be submitted by the applicant to the Zoning Officer for consideration.
M.
Placards. In addition to the permit, the Zoning Officer shall issue
a placard which shall be displayed on the premises during the time
construction is in progress. This placard shall show the number of
the permit and the date of its issuance and be signed by the Zoning
Officer.
N.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the permit or the permit
shall expire unless a time extension is granted, in writing, by the
Zoning Officer. Construction and/or development shall be considered
to have started with the preparation of land, land clearing, grading,
filling, excavation of basement, footings, piers, or foundations,
erection of temporary forms, the installation of piling under the
proposed subsurface footings, or the installation of sewer, gas, and
water pipes or electrical or other service lines from the street.
(2)
Time extensions shall be granted only if a written request which
sets forth sufficient and reasonable cause for the Zoning Officer
to approve such a request, is submitted by the applicant.
O.
Description of special requirements of identified floodplain areas
of FP Floodplain District.
(1)
Floodway area.
(a)
Description: the area identified as floodway in the FIS and
FIRM which represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special floodplain areas where no floodway
has been identified in the FIS and FIRM.
(2)
Special floodplain area.
(a)
Description: the areas identified as Zones AE and A1-30 in the
FIS and FIRM which are subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods and have BFEs shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top of bank of any watercourse,
unless a permit is obtained from the DEP Regional Office.
[2]
In special floodplain areas without a designated floodway, no
new development shall be permitted unless it can be demonstrated that
the cumulative effect of all past and projected development will not
increase the base flood elevation by more than one foot.
(c)
The following uses and no others are permitted in the FP Floodplain
District, and they are permitted only if done under and in accordance
with the provisions of the Clean Streams Act of Pennsylvania, Act
394 of 1937, as amended; the Rules and Regulations of the DEP; this
article; and all other applicable provisions of this chapter:
[1]
Agriculture, horticulture, and forestry, all excluding any structures,
and excluding any grading or filling which would cause any increase
in flood heights or frequency.
[2]
Erosion and sedimentation control measures, facilities and structures,
provided that no increase in flood heights or frequency, unhealthful
ponding, or other unsanitary conditions shall occur.
[3]
Public and private recreational uses, such as parks, swimming
areas (excluding swimming pools), play areas, day camps, campgrounds
(excluding campsites), picnic groves, lawns, gardens, golf courses,
driving ranges, archery ranges; game farms, areas or clubs for hunting,
fishing, and/or boating (including marker or anchor buoys), paved
bicycle paths, and hiking and horseback riding trails, all excluding
any structures, and excluding any grading or filling which would cause
any increase in flood heights or frequency.
[4]
The harvesting of any wild crop, such as marsh hay, ferns, moss,
berries, tree fruits and seeds, or wild rice, excluding any plants
appearing on the latest edition of the United States List of Endangered
and Threatened Plant Species maintained by the United States Fish
and Wildlife Service.
[5]
Activities related to the preservation of natural amenities,
including wildlife sanctuaries, nature preserves, woodland preserves,
botanical gardens, or arboretums, excluding any structures, and excluding
any grading or filling which would cause any increase in flood heights
or frequency.
[6]
Open space and front, side, or rear yards required by other articles of this chapter. Floodplain land may be used to meet minimum open space, yard, and lot area requirements, provided that the purpose and intent of this article, as set forth in § 124-504A of this article, together with the requirements of any other pertinent municipal regulations, is complied with; if such compliance cannot be shown, the land areas within the FP Floodplain District shall not be used or calculated for purposes of meeting lot open space, area, or yard requirements.
[7]
Stream improvements whose sole purpose is to improve aquatic
life habitat and which are approved by the Pennsylvania Fish Commission
and reviewed by the Conservation District.
[8]
One- or two-strand fences.
[9]
Picnic tables, park benches, fireplaces and grills, and playground
equipment, all if anchored to prevent flotation.
[10]
Blinds for the shooting of wildlife, provided
that such blinds may only be placed, erected, and maintained during
the open season established by the Pennsylvania Game Commission for
the taking of migratory waterfowl and the three weeks immediately
preceding and three weeks immediately following that open season.
Blinds must be removed during all other times of the year.
[11]
Circuses, carnivals, and similar transient enterprises,
provided that natural vegetative ground cover is not destroyed, removed,
or covered in such a way as to create erosion or sedimentation.
[12]
Farm ponds which are constructed in accordance
with a conservation plan reviewed by the Conservation District and
which do not create any increase in flood heights or frequency.
[13]
Floodproofing and flood hazard reduction structures
to protect only lawfully existing and registered nonconforming structures
and lawfully existing and registered nonconforming uses within structures.
[14]
Public utility facilities (except buildings) under the exclusive jurisdiction of the Pennsylvania Public Utility Commission and specifically exempted from control by municipal zoning ordinances, subject to the provisions of § 124-504O(2)(c)[16] of this article to the extent allowed by law.
[15]
Marker buoys.
[16]
Public utility facilities not under the exclusive
jurisdiction of the Pennsylvania Public Utility Commission, subject
to the following conditions:
[a]
Facilities such as pipelines, gas lines, storm
sewers, sanitary sewers, waterlines, outlet installations for sewage
treatment plants, sealed public and private water supply wells, pumping
stations, and underground communications facilities, shall, together
with associated structures, but excepting necessary vents, be designed
and installed underground so as to be at or below the existing natural
surface grade within the floodplain, and in such a manner as will
prevent flotation, minimize or eliminate flood damage, and not alter
the cross-sectional area of the floodplain. All new or replacement
water supply facilities and/or sanitary sewage facilities shall be
designed to minimize or eliminate infiltration of floodwaters into
the facilities and discharges from the facilities into floodwaters.
All gas lines shall have a system of shutoff valves for service to
the FP Floodplain District to allow positive control during flood
emergencies.
[b]
Electrical distribution lines and supporting structures
shall be installed so as to minimize or eliminate flood damage, and
all lines of less than 15 kilovolts shall be installed underground,
below the existing natural surface grade within the floodplain. Aboveground
electrical distribution and transmission lines of 15 kilovolts or
more may be allowed above the ground as a special exception, provided
that they are certified by a licensed professional engineer registered
by the Commonwealth of Pennsylvania as meeting all of the following
standards:
[i]
Aboveground lines and supporting structures shall
enter the FP Floodplain District only to cross a watercourse, shall
cross the watercourse and the FP Floodplain District using the most
direct and shortest route possible consistent with the goals, objectives,
purposes, and intents of this chapter, shall make the minimum number
of crossings necessary, and shall be designed and installed so as
to minimize or eliminate flood damage.
[ii]
Aboveground lines shall be elevated so that their
lowest portions are a minimum of 10 feet above the maximum flood elevation.
[iii]
Supporting structures for aboveground lines within
the FP Floodplain District shall be the minimum number necessary to
carry the lines across the FP Floodplain District. Supporting structures
shall be designed and installed so as to be able to withstand the
maximum volume, velocity, and force of floodwaters which can be expected
at the point where they are located.
[iv]
Facilities and services in the FP Floodplain District
shall be designed so that flood damage within the district does not
disrupt service outside the district.
[17]
Culverts, bridges, and approaches to public and
private culverts and bridges which meet all of the following conditions:
[a]
Review and/or approval by the Lancaster County
Planning Commission, if required.
[b]
Approval by the Susquehanna River Basin Commission,
if required.
[c]
Approval by the DEP, if required.
[d]
Approval by the United States Army Corps of Engineers,
if required.
[e]
Approval by PennDOT, if required.
[f]
If approval by PennDOT is not required, the proposed
use must still meet all of the appropriate minimum design standards
of PennDOT.
[g]
The proposed structure must be designed in such
a way as to have the capacity to allow the unrestricted passage of
waters of maximum flood elevation below and through it without any
upstream or downstream increase in water surface elevation.
(d)
The following uses are permitted in the FP Floodplain District only when special exceptions are granted by the Zoning Hearing Board as provided for herein and in Article I, § 124-111, when permitted by the underlying zoning district as permitted uses or special exception uses, and when done under and in accordance with the provisions of the Clean Streams Act of Pennsylvania, Act 394 of 1937, as amended, the Rules and Regulations of the DEP, and all other provisions of this chapter:
[1]
Parking lots, loading areas, driveways, and aircraft landing
strips and taxiways, if they are water-permeably surfaced, except
that parking lots designed or used for storage and parking lots for
hotels, motels and other transient lodgings are prohibited.
[2]
Water-oriented uses such as docks, piers, wharves, marinas,
boat liveries, and boat launching ramps.
[3]
Fish hatcheries, including uncovered ponds and raceways, which
are approved by the Pennsylvania Fish Commission, but excluding other
structures.
[4]
Water monitoring devices.
[5]
Extraction of sand, gravel, and other mineral resources, excluding
topsoil.
(e)
Standards and citeria for special exceptions. In addition to the provisions of Article I, Section 111, in hearing and deciding upon special exceptions to be granted or denied under the provisions of this article, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:
[1]
That danger to life and property due to increased flood heights,
velocities, or frequencies caused by encroachments is minimized.
[2]
That the danger that floodwaters or materials may be swept onto
lands or downstream to cause injury to others is minimized.
[3]
That the possibility of disease, contamination, and unsanitary
conditions is minimized and especially that any proposed water supply
or sanitation systems are able to prevent these problems.
[4]
That the susceptibility of the proposed facility and its contents
to flood damage, the effect of such damage on the individual owners,
and the need for and effect of floodproofing are minimized.
[5]
That the proposed facility and its services are important to
the Borough.
[6]
That the proposed facility needs a waterfront or floodplain
location.
[7]
That there are no available alternate locations not subject
to flooding for the proposed use.
[8]
That the proposed use is compatible with existing and anticipated
development.
[9]
That the proposed use is consistent with the East Petersburg
Borough Comprehensive Plan and floodplain management program for the
area.
[10]
That the safety of access to the property in times
of flooding for ordinary and emergency vehicles is assured.
[11]
That the expected area, height, depth, velocity,
pressure, frequency, duration, rate of rise, seasonality, and sediment,
debris, and pollutant load of floodwaters expected at the site are
not inconsistent with the proposed use.
[12]
That the proposed activity will not unduly alter
natural water flow or water temperature.
[13]
That archaeological or historic sites and structures,
endangered or threatened species of animals or plants, high quality
wildlife habitats, scarce vegetation types, and other irreplaceable
land uses will not be degraded or destroyed.
[14]
That the natural, scenic, and aesthetic values
at the proposed site will be conserved.
[15]
That the danger, damage, and injury to all adjoining
properties on both sides of any watercourse, regardless of municipality,
is minimized. In this regard, any proposal affecting an adjacent municipality
shall be submitted to that municipality's Planning Commission and
governing body for review and comment.
[16]
That the granting of the special exception will
not result in any of the following:
(f)
The following uses are prohibited in the FP Floodplain District:
[1]
All uses prohibited either expressly or implicitly in the underlying
zoning district for the land in question.
[2]
All structures, with the exception of those specifically allowed in § 124-504O(2)(c) and (d).
[3]
Sanitary landfills, dumps, junk and salvage yards, and outdoor
storage of vehicles and/or materials.
[4]
Placing, depositing, or dumping any spoil, fill, or solid waste, except such grading or filling necessary to accomplish and carry out those uses permitted in § 124-504O(2)(c) and (d); provided, however, that no grading or filling is permitted which would cause any increase in flood heights or frequency.
[5]
Removal of topsoil, excluding sod production and nursery activities as allowed in § 124-504O(2)(c) and (d), and excluding such grading or filling necessary to accomplish and carry out those uses which are permitted in § 124-504O(2)(c) and (d); provided, however, that no grading or filling is permitted which would cause any increase in flood heights or frequency.
[6]
Damming or relocation of any watercourse, except as provided for in § 124-504O(2)(c) and (d).
[7]
Any parts of any on-site sewage disposal systems.
[8]
Swimming pools.
[9]
Fences, except one- or two-strand fences.
[10]
Stockpiling, storage or disposal of buoyant materials,
logging slash, herbicides, pesticides, domestic or industrial waste,
radioactive materials, petroleum or other flammable materials, explosives,
poisonous materials, hazardous materials, or other materials which,
if flooded, would pollute the watercourse or be injurious to human,
animal, or plant life.
[11]
Cemeteries for humans or animals.
[12]
Zoo, menagerie, wild animal farm or domestic or
farm animal enclosures which will not allow all animals to escape
floodwaters of maximum flood elevation without human intervention
while remaining safely confined.
[13]
The floodproofing of new residential structures.
[14]
Any development, structure, or use which may,
whether alone or in combination with others, and except where specifically
authorized elsewhere in this article:
[a]
Endanger human life.
[b]
Obstruct, impede, retard, change, or increase the
velocity, direction, or flow of floodwaters.
[c]
Increase the surface elevation of floods or the
frequency of floods.
[d]
Catch or collect debris carried by floodwaters.
[e]
Be placed where the natural flow of the stream
or floodwaters would carry it downstream to the damage or detriment
of property within or adjacent to the FP Floodplain District.
[f]
Degrade the water-carrying capacity of any watercourse
channel or floodplain.
[g]
Increase the rate of local runoff, erosion or sedimentation.
[h]
Degrade the quality of surface water or the quality
or quantity of groundwater.
[i]
Be susceptible to flotation and subsequent movement
which would cause damage to other property.
[j]
Create unhealthful ponding or other unsanitary
conditions.
[k]
Not be in harmony with the intent and purpose of
this article, as set forth in Section 504.1.
[l]
Feedlots.
[m]
Fully and partially enclosed space below the lowest
floor (including basements).
(3)
Approximate floodplain area.
(a)
Description. The areas identified as Zone A in the FIS which
are subject to inundation by the one-percent-annual-chance flood event
determined using approximate methodologies. Because detailed hydraulic
analyses have not been performed, no base flood elevations (BFEs)
or flood depths are shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the DEP Regional Office.
[2]
When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area which is nearest the construction site
in question.
[3]
In lieu of the above, the Borough may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Borough.
(c)
The provisions of § 124-504O(2)(c), (d), (e) and (f) are applicable to the approximate floodplain area.
P.
Technical provisions.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Borough and
until all required permits or approvals have been first obtained from
the DEP Regional Office. It is the responsibility of the applicant
to provide all required studies and pay all fees.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
FEMA and DCED shall be notified prior to any alteration or relocation
of any watercourse.
(2)
Submit technical or scientific data to FEMA for a Letter of
Map Revision (LOMR) within six months of the completion of any new
construction, development, or other activity resulting in changes
in the BFE.
(3)
Any new construction, development, uses or activities allowed
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this section and any other
applicable codes, ordinances and regulations.
Q.
Elevation and floodproofing requirements. All new and substantially
improved structures are prohibited in identified floodplains unless
a variance is granted. The following provisions apply when a variance
is granted:
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to or above the regulatory flood elevation.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation determined in accordance with § 124-504O(3)(b)[2] and [3].
(c)
The design and construction standards and specifications contained
in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to or above the regulatory flood
elevation or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(b)
In A Zones, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to or above the regulatory flood elevation determined in accordance with § 124-504C.
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled "Flood Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(d)
The design and construction standards and specifications contained
in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
R.
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry but shall comply,
at a minimum, with the following requirements:
(1)
The accessory structure shall not be designed or used for human
habitation, but shall be limited to the parking of vehicles or to
the storage of tools, materials, and equipment related to the principal
use or activity.
(2)
Floor area shall not exceed 200 square feet.
(3)
The accessory structure will have a low damage potential.
(4)
The accessory structure will be located on the site so as to
cause the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The accessory structure shall be adequately anchored to prevent
flotation or movement and shall be designed to automatically provide
for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
S.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet, unless
substantiated data, justifying steeper slopes, are submitted to and
approved by the Zoning Officer.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and municipal regulations for such systems. If any such system
is permitted, is shall be located so as to avoid impairment to it,
or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA No.
348, Protecting Building Utilities from Flood Damage, and the International
Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 124-504T, Development that may endanger human life, shall be stored at or above the regulatory flood elevation and/or flood proofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, storage tanks, and other similar objects or components
located below the regulatory flood elevation shall be securely anchored
or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevations shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trims, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(12)
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications
of the UCC shall apply to the above and other sections and subsections
of this section, to the extent that they are more restrictive and/or
supplement the requirements of this section.
T.
Development that may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[6] and the regulations adopted by the DCED as required by
the Act, any new or substantially improved structure which will be
used for the production or storage of any of the following dangerous
materials or substances; or will be used for any activity requiring
the maintenance of a supply of more than 550 gallons, or other comparable
volume, of any of the following dangerous materials or substances
on the premises; or will involve the production, storage, or use of
any amount of radioactive substances shall be subject to the provisions
of this section, in addition to all other applicable provisions. The
following is a list of materials and substances that are considered
dangerous to human life:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Pesticides (including insecticides, fungicides, and rodenticides)
| |
|
Petroleum products (gasoline, fuel, oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
| |
|
Sodium
| |
|
Sulphur and sulphur products
|
[6]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any floodway area, any structure of the kind described in Subsection T(1) shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection T(1) shall be:
(a)
Elevated or designed and constructed to remain completely dry
up to at least 1 1/2 feet above base flood elevation.
(b)
Designed to prevent pollution from the structure or activity
during the course of a base 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, as amended March 1992),
or with some other equivalent watertight standard.
U.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in flood hazard areas where base
flood elevation data are not available shall be supported by hydrologic
and hydraulic engineering analyses that determine base flood elevations
and floodway information. The analyses shall be prepared by a licensed
professional engineer in a format required by FEMA for a Conditional
Letter of Map Revision or Letter of Map Revision. Submittal requirements
and processing fees shall be the responsibility of the applicant.
V.
Special Requirements for manufactured homes and recreational vehicles.
(1)
Within any floodway, manufactured homes and recreational vehicles
shall be prohibited.
(2)
Within approximate floodplain or special floodplain area, manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any new watercourse.
(3)
Where permitted within any floodplain area, all manufactured
homes, and any improvements thereto, shall be:
(4)
Installation of manufactured homes shall be done in accordance
with the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the International Residential Building
Code adopted as part of the UCC or the U.S. Department of Housing
and Urban Development's Permanent Foundations for Manufactured Housing,
1984 Edition, draft or latest revision thereto, shall apply.
(5)
Consideration shall be given to the installation requirements
of the UCC where appropriate and/or applicable to units where the
manufacturer's standards for anchoring cannot be provided or were
not established for the unit's proposed installation.
(7)
Nothing contained in this section shall be construed to permit
manufactured homes in the FP Floodplain District.
W.
Prohibitions. In accordance with the administrative regulations promulgated
by the DCED to implement the Pennsylvania Flood Plain Management Act,[7] the following activities shall be prohibited within any
identified floodplain area:
(2)
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[7]
Editor's Note: See 32 P.S. § 679.101 et seq.
X.
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 124-504Y shall apply. Historic structures, as defined in this article, undergoing repair or rehabilitation that would constitute a substantial improvement, as also defined in this article, must comply with all requirements of this article that do not preclude the structure's continued designation as an historic structure. Documentation that a specific requirement of the article will cause removal of the structure from the National Register of Historic Places must be obtained from the Secretary of the Interior. An exemption from requirements of this article will be the minimum necessary to preserve historic character and design of the structure.
Y.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be
allowed within any special floodplain area that would, together with
all other existing and anticipated development, increase the BFE more
than one foot at any point.
(3)
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 constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this section.
(4)
The above activity shall also address the requirements of the
UCC.
(5)
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.
(6)
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "repetitive loss" shall be
undertaken only in full compliance with the provisions of this section.
Z.
Variances.
(1)
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements.
(2)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Article I, Section 111, of this chapter and the following:
(a)
No variance shall be granted for any construction, development,
use or activity within any floodway that would cause any increase
in the base flood elevation.
(b)
No variance shall be granted for any construction, development,
use or activity within any special floodplain area that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
(c)
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development that may
endanger human life.
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
Whenever a variance is granted, the Zoning Hearing Board 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 article.
(g)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, at a minimum, the following:
[1]
That there is good and sufficient cause.
[2]
That failure to grant the variance would result in exceptional
hardship to the applicant.
[3]
That the granting of the variance will neither result in an
unacceptable or prohibited increase in flood heights, additional threats
to public safety, or extraordinary public expense nor create nuisances,
cause fraud on, or victimize the public or conflict with any other
applicable state or local ordinances and regulations.
(3)
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
FEMA.
(4)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
AA.
Municipal liability. The lawful granting of a permit or the making
of any administrative decision under this section shall not constitute
a representation, guarantee, or warranty of any kind by East Petersburg
Borough, or by any official, agent, or employee thereof, of the practicability
or safety of any structure, use, or other plan proposed with respect
to damage from flood or otherwise and shall create no liability upon,
or a cause of action against, such public body, official, agent, or
employee for any flood damage that may result pursuant thereto or
as a result of reliance on this section. There is also no assurance
that lands not included in the Floodplain Zone are now or ever will
be free from flooding or flood damage.
BB.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
LOWEST FLOOR
MANUFACTURED HOME
(1)
(2)
(3)
(4)
(5)
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Definitions. Unless specifically defined below, words and phrases
used in this section shall be interpreted so as to give this section
the most reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
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 volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
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 forming a permanent structure
and which has walls and a roof. Included shall be all manufactured
homes and trailers to be used for human habitation.
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 the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency 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 Insurance Administration
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 areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any building, structure, site, object or district that is
included on the National Register of Historic Places, individually
or as a contributing resource in a Nation Register Historic District.
The lowest floor of the lowest fully enclosed area including
any basement. An unfinished, flood-resistant partially enclosed area,
used solely for the 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.
A type of single-family detached dwelling that meets all
of the following requirements:
It is transportable in a single piece or two substantial pieces
designed to be joined into one integral unit capable of again being
separated for towing.
It is designed for permanent occupancy.
It arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations.
It may be constructed so that it may be used without a permanent
foundation.
It is not a recreation vehicle.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile/manufactured
home lots for the placement thereon of mobile/manufactured homes.
Structures for which the start of construction commenced
on or after April 5, 2016, and includes any subsequent improvements
to such structures. Any construction started after September 5, 1979,
and before April 5, 2016, is subject to the ordinance in effect at
the time the permit was issued, provided that the start of construction
was within 180 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 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 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;
and not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
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.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit. The "actual start" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab 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 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 part of the main structure. 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 that is principally above the ground, as well as a manufactured
home.
A subdivision as defined in the MPC.[8]
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.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost 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 regardless of the actual repair work performed.
The term does not, however, include 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.
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 UCC 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 Borough'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)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
[8]
Editor's Note: The Municipalities Planning Code, 53 P.S. § 10101
et seq.
See the Borough Noise Control Ordinance.
No use shall generate odors or dust that are offensive to persons
of average sensitivities beyond the boundaries of the subject lot.
This provision shall not apply to normal farming activities that are
exempted under the Pennsylvania Right to Farm Act.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
This § 124-507 shall only regulate exterior lighting that spills across lot lines or onto public streets.
B.
Height of lights. No luminaire, spotlight or other light source that
is within 200 feet of a lot line of an existing dwelling or approved
residential lot shall be placed at a height exceeding 35 feet above
the average surrounding ground level. This limitation shall not apply
to lights needed for air safety nor lights intended solely to illuminate
an architectural feature of a building, nor lighting of outdoor public
recreation facilities or a ski resort.
C.
Diffused. All light sources, including signs, shall be properly diffused
as needed with a translucent or similar cover to prevent exposed bulbs
from being directly visible from streets, public sidewalks, dwellings
or adjacent lots.
D.
Shielding. All light sources, including signs, shall be shielded
around the light source and carefully directed and placed to prevent
the lighting from creating a nuisance to reasonable persons in adjacent
dwellings and to prevent the lighting from shining into the eyes of
passing motorists.
E.
Flickering. Flashing, flickering or strobe lighting are prohibited,
except for nonadvertising seasonal lights between October 25 and January
10.
F.
Spillover. Exterior lighting on an institutional, commercial or industrial
property shall not cause a spillover of light onto a residential lot
that exceeds 1.0 horizontal footcandle at a distance 10 feet inside
the residential lot line.
G.
Gasoline sales canopies. Any canopy over gasoline pumps shall have
light fixtures recessed into the canopy or screened by an extension
around the bottom of the canopy so that lighting elements are not
visible from another lot or street.
H.
Lighting of horizontal surfaces. For the lighting of predominantly horizontal surfaces such as parking areas and vehicle sales areas, lighting fixtures shall be aimed downward and shall include full cutoff measures as needed to properly direct the light and to meet the maximum spillover requirements of Subsection F and to prevent glare onto streets. The Borough may require that light fixtures for nonresidential uses be placed along the street and be aimed away from the street in a manner that also minimizes light shining onto residential lots.
I.
Lighting of nonhorizontal surfaces. For lighting of predominantly
nonhorizontal surfaces such building walls and wall signs, lighting
fixtures shall be fully shielded and shall be aimed so as to not project
light towards neighboring residences or past the object being illuminated
or skyward. Any lighting of a flag shall use a beam no wider than
necessary to illuminate the flag. Lighting of a billboard should be
attached to the top of the billboard and project downward. However,
lighting shall be allowed of the United States flag from dusk to dawn,
provided that the light source shall have a beam spread no greater
than necessary to illuminate the flag.
J.
Upward lighting and lasers. Spotlights shall not be directed upwards
into the sky. Laser lights shall not be directed into the sky to attract
attention to a business or activity.
