[HISTORY: Adopted by the City Council of the City of Altoona 9-28-2016 by Ord. No. 5682; amended in its entirety 11-14-2018 by Ord. No. 5732. Subsequent amendments noted where
applicable.]
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. Therefore, the Council
of the City of Altoona does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
Statement of intent. The purpose of this chapter is to promote the
general health, welfare, and safety of the residents of the City through
regulation of development in designated floodplains. More specifically,
these regulations are designed to encourage the utilization of appropriate
construction practices in order to prevent or minimize dangers to
public health by protecting water supply and natural drainage from
the effects of flooding; and to reduce financial burdens imposed on
the City, its governmental units, and its residents by preventing
excessive and inappropriate development in designated floodplains;
and to comply with federal and state floodplain management requirements.
B.
Warning and disclaimer of liability. The degree of flood protection
sought by the provisions of these regulations is considered reasonable
for regulatory purposes and is based on acceptable 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 area 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 City of Altoona or any
officer or employee thereof for any flood damages that result from
reliance on these regulations or any administrative decision lawfully
made thereunder.
C.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this chapter shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the chapter, which shall remain in full force and effect, and for
this purpose, the provisions of this chapter are hereby declared to
be severable.
D.
Abrogation and greater restrictions. This chapter supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other article provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between the provisions of this
chapter, the more restrictive shall apply.
E.
Applicability. 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 City of Altoona unless
a permit has been obtained from the floodplain administrator.
F.
Liability. This chapter shall not create liability on the part of
the City of Altoona or any officer or employee thereof for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
A.
General. The meanings of all words within this chapter shall be controlled by those listed in Subsection B below.
B.
ACCESSORY STRUCTURE
ACRE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
Specific definitions. As used in this chapter, the following terms
shall have the meanings indicated:
A structure detached from a principal building, but located
on the same lot. It serves a customarily incidental and subordinate
use to the use of the lot as a whole of the principal building on
the same lot. Floor area shall not exceed 200 square feet.
An acre contains 43,560 square feet.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "100-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE (A1-30 previous mapping) and AH that indicate 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.
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).
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.
Any land susceptible to being inundated by water from any
source during the base flood, as shown on the most current floodplain
maps prepared by the Federal Insurance Administration and approved
by the Federal Emergency Management Agency (FEMA) for the purpose
of determining the official federal designated floodplain or floodway.
These maps are based on the most current Flood Insurance Study (FIS)
prepared by FEMA: the study being the definitive source of floodplain
information, particularly in regards to base flood elevations (BFEs)
and floodway widths as reflected in the floodplain regulations of
the City of Altoona and indicated on the Flood Insurance Rate Maps.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduces or eliminates
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 at any point.
A factor of safety usually expressed in feet above a BFE
for purposes of floodplain management.
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 Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary on the
Interior as contributing to the historic 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 which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
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.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain ordinance
and includes any subsequent improvements to such structures. Any construction
started after March 2, 1983, and before the effective start date of
this floodplain ordinance is subject to the ordinance in effect at
the time the permit was issued, provided 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.
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) plus a freeboard safety factor
of 1 1/2 feet.
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 the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from 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/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 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 ground, as well as a manufactured home.
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, 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:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
A grant of relief, by the City of Altoona, from the requirements
of this chapter.
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 Title 44, Chapter 1, Part 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)[1] is presumed to be in violation until such time as that
documentation is provided.
[1]
Editor's Note: See 44 CFR 60.3.
A.
Designation of the floodplain administrator. The Office Engineer
from the Public Works Department for the City of Altoona is hereby
appointed to administer this chapter, and is referred to herein 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 personal, plan examiners, inspectors and/or with the consent
of the City Manager; or enter into a 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 City of its responsibilities
pursuant to the participation requirements of the National Flood Insurance
Program.
B.
Permits required. A permit shall be required before any construction
or development is undertaken within the City of Altoona.
C.
Duties and responsibilities.
(1)
The floodplain administrator shall issue a permit only after it has
determined that the proposed work to be undertaken will be in conformance
with the requirements of this chapter and all other applicable codes
and ordinances.
(2)
Upon submission of a floodplain area permit application and prior
to the issuance of any building permit, the floodplain administrator
shall review the application to determine if other governmental permits
or approvals have been met. No floodplain area permit shall be issued
until this determination is made. Other governmental permits, approvals
or requirements shall include, but not be limited to, the following:
(e)
United States Clean Water Act (Section 404, 33 U.S.C. § 1334).
(f)
The Altoona Planning Code.
(g)
The 2009 International Building Code (or the latest edition
thereof adopted by the Commonwealth of Pennsylvania).
(h)
Title 34 of the Pennsylvania Code.
(i)
Urban renewal plans and proposals of the City of Altoona.
(j)
Street cut and driveway permit regulations of the City of Altoona.
(3)
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 municipal laws and
ordinances. The floodplain administrator or authorized representative
shall make as many inspections during and upon completion of the work
as are necessary.
(4)
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 proper credentials, at any reasonable hour, to enforce the provisions
of this chapter.
(5)
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 City Council for whatever action it considers
necessary.
(6)
The floodplain administrator shall maintain, in perpetuity, or for
the lifetime of the structure, all records associated with the requirements
of this chapter, including, but not limited to, permitting, inspection
and enforcement.
D.
Determination of jurisdiction.
(1)
Before any application for building permit, zoning permit, subdivision
plan development plan, or other permit or plat is approved, it shall
be reviewed to determine whether the property is entirely or partially
within an identified floodplain area. Such review shall be in accordance
with the Flood Insurance Rate Map as prepared by Federal Emergency
Management Agency.
(2)
All such applications for permit or plat approval shall be forwarded
to the floodplain administrator before any review or action is undertaken.
(3)
All subdivision proposals and development proposals containing at
least 50 lots or at least five acres, whichever is lesser, in flood
hazard areas where BFE data are not available shall be supported by
hydrologic and hydraulic engineering analyses that determine BFE and
floodway information. The analyses shall be prepared by a licensed
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.
(4)
Upon receipt of any such application, the floodplain administrator
shall make one of the following determinations within 10 working days:
(a)
The proposal is located within an identified floodplain area
and an application must be made according to the requirements of the
floodplain regulations.
(b)
The proposed construction, development, use of land, or interior
repair is located outside of the identified floodplain, and no floodplain
area permit is required.
E.
Application submission.
(1)
If the floodplain administrator determines that any proposal is located
entirely or partially within the identified floodplain area, then
no permit shall be issued or plat approved until the applicant has
adequately addressed all requirements contained within this chapter
or submitted a site plan of the proposal showing its location to be
entirely outside an identified floodplain area. Applicants for permits
shall provide all necessary information in sufficient detail and clarity
to enable the floodplain administrator to determine that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform to 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; and
(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.
(2)
Applicants shall file the following minimum information, as required
by the floodplain administrator, to make the above determination.
All application forms are available in the offices of the floodplain
administrator.
(a)
A completed floodplain permit application form.
(b)
Two sets of plans 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 available;
[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, drives, and other accessways;
and
[5]
The location of any existing bodies of water or watercourses,
identified floodplain areas 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:
[1]
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
[2]
The elevation of the base flood;
[3]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations; and
[4]
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC or the latest edition thereof adopted
by the Commonwealth of Pennsylvania.
(e)
The name(s), signatures(s), and professional seal(s) of the
surveyors(s)/engineer(s) that prepared the plan. The original seal
is required on each sheet.
All application packages submitted under any provision of this
chapter shall include the following elements:
A.
Two completed and executed original application forms.
B.
A project narrative which describes the project.
C.
The appropriate filing fees as established by resolution of the City
Council from time to time. Fees are due at time of submission of the
application.
E.
Any additional information as required below or by the standards
set forth in the text relating to the submittal.
F.
Application review. Applications shall be reviewed in accordance
with the procedures established below.
(1)
All applications for floodplain area permits must be acted upon by
the floodplain administrator within 30 calendar days of receipt. The
decision of the floodplain administrator shall be in writing and shall
be not later than 15 days following the decision.
G.
Other review factors. In passing upon applications for floodplain
area permits, the floodplain administrator shall have the right to
review and approve or deny the permit based on the following relevant
factors and procedures specified:
(1)
The danger to life and property due to increased flood heights or
velocities caused by encroachments.
(2)
The danger that materials may be swept on to other lands or downstream
to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(4)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility
to the community.
(6)
The availability of alternative locations not subject to flooding
for the proposed use.
(7)
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(8)
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for the area.
(9)
The safety of access to the property in times of flood of ordinary
and emergency vehicles.
(10)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site.
(11)
Such other factors which are relevant to the purpose of this
chapter.
H.
Supplemental technical review. The floodplain administrator may refer
any application and accompanying documentation pertaining to any request
for a floodplain area permit to any engineer or other qualified person
or agency for technical assistance in evaluating the proposed project
in relation to flood heights and velocities and the adequacy of the
plans for protection and other related matters.
I.
Application requirements.
(1)
Each application shall be submitted to the City's Public Works
Department on a form furnished by the Department. All associated fees
shall accompany the application. The fees shall be in accordance with
the prevailing fee resolution, as amended from time to time by the
City. A copy is available at the City Clerk's office.
(2)
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provision of the statute or ordinance relied upon.
(3)
No building permit or floodplain area permit shall be issued for
any construction, development, use of land, or interior repair until
final approval of the application is granted by the floodplain administrator.
J.
Application approval permit issuance.
(1)
Floodplain area permits shall consist of a floodplain location/elevation
permit and a floodplain/construction permit. These permits shall be
issued contingent upon the requirements of these regulations and only
after it is determined that all necessary requirements for issuing
a building permit have been met. The procedure for these permits is
as follows:
(a)
Floodplain location and elevation permits shall be issued after
a land survey is conducted by a registered surveyor/engineer to determine
the location and elevation of any proposed construction, development,
or use of land. The purpose of this permit is to ensure compliance
with this chapter by determining the initial location and elevation
of all improvements submitted according to the requirements of this
chapter. The only activities that may be undertaken in conjunction
with this permit are excavation, grading, filling, and foundation
work. The floodplain location/elevation permit shall be issued only
if all survey information complies with the requirements of this chapter.
No construction, development, or use of land shall be undertaken within
an identified floodplain area unless the above permit has been legally
issued.
(b)
Partial building permits shall be issued by the Building Inspector
if all requirements for building codes and the floodplain location
and elevation permit are satisfied.
(c)
Floodplain/construction permits shall be issued only after all
activities undertaken in conjunction with the floodplain location/elevation
permit have been completed according to the requirements of this chapter.
All activities proposed for the construction, development, or use
of land, which are not permitted to be undertaken in conjunction with
the floodplain location/elevation permit, shall be undertaken in conjunction
with the floodplain/construction permit.
(d)
Supplemental building permits shall be issued by the Building
Inspector if all requirements and regulations for building codes and
the floodplain/construction permit are satisfied.
(2)
All requested change orders during construction, development, use
of land, or interior repair governed by the provisions of this chapter
must be approved, in writing, by the floodplain administrator. No
approval by the floodplain administrator is necessary for any requested
change order not governed by these provisions.
(3)
No floodplain area permit shall be issued for any encroachment, alteration,
or improvement of any kind within a watercourse until all adjacent
municipalities which may be affected by such action have been notified
by the City, and until all required permits or approvals have been
first obtained from the Department of Environmental Protection, Bureau
of Dams, Waterways and Wetlands. 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. In addition, the Federal Insurance
Administrator, Pennsylvania Department of Community and Economic Development,
Bureau of Community Planning, shall be notified by the City prior
to any alteration or relocation of any watercourse.
(4)
After the issuance of a permit by the floodplain administrator, 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 floodplain
administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to the floodplain administrator
for consideration.
A.
Schedule of inspections.
(1)
During the construction period, the floodplain administrator and/or
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the building and floodplain area permit application and with all
applicable municipal laws and ordinances. He shall make as many inspections,
during and upon completion, of the work as are necessary. The permittee
shall notify the officer 48 hours in advance of the completion of
the following key development phases:
(a)
At the completion of the preliminary site preparation, including
elevation grading or fill, but prior to block or concrete foundation/footers
being poured, to satisfy the requirements of the floodplain location/elevation
permit.
(b)
After block or concrete foundation/footers are poured, but prior
to framing or block work, to satisfy the requirements of the floodplain
construction permit.
(c)
First floor elevation, if applicable, must be verified to satisfy
the requirements of the floodplain construction permit.
(d)
After flood openings are constructed or flood vents are installed,
to satisfy the requirements of the floodplain construction permit.
(e)
Utility elevations must be verified, to satisfy the requirements
of the floodplain construction permit.
(2)
In the discharge of his or her duties, the floodplain administrator
and/or any authorized representative shall have the authority to enter
any building, structure, premises, or development in the identified
floodplain area, upon presentation of proper credentials, at any reasonable
hour to enforce the provisions of this chapter.
For all work to be performed under this chapter the City may
require the applicant to execute a developer agreement with the City
setting forth the conditions of approval and such other matters deemed
necessary for approving any application filed pursuant to this chapter.
The developer's agreement, may at the option of the City, be
recorded into the chain of title to the premises which is subject
to the application. In addition, the City may require the posting
of financial security in accordance with the Pennsylvania Municipality
Planning Code, as amended from time to time.[1]
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
A.
Time frame. Work on the proposed construction or development shall
begin within 30 days after the date of issuance of the floodplain
permit. Work shall be completed six months after the date of issuance
of the permit or the permit shall expire unless a time extension is
granted, in writing, to the floodplain administrator.
B.
Extension. Time extensions, requested by the applicant, shall set
forth sufficient and reasonable cause for the floodplain administrator
to approve such a request and the original permit is compliant with
the chapter and FIRM/FIS in effect at the time the extension is granted.
A.
As-built plans. Upon completion of any construction, development,
use of land, or interior repair, the developer may be required to
submit to the floodplain administrator, where necessary, one reproducible
set or two copies of as-built plans for all such activities undertaken
within the identified floodplain area.
B.
Submission requirements. Once it has been determined that all construction,
development, use of land, or interior repair have been completed in
accordance with the requirements of this chapter, the floodplain administrator
will require an elevation certificate to be submitted to the floodplain
administrator.
(1)
No zoning or building occupancy certificate shall be issued until
after an elevation certificate has been received and the preceding
requirements are met.
(2)
No building situated in the floodplain area shall be permitted to
have occupants until the builder, developer, or owner has secured
an occupancy permit. The occupancy permit may be secured through application
to the Building Inspector.
(3)
If all requirements for issuance of an occupancy permit are satisfied,
the Building Inspector shall issue said permit. If the request is
denied, the builder, owner, or developer shall remedy the unsatisfactory
condition and shall reapply for an occupancy permit.
A.
Inspection. Upon presentation of proper credentials, duly authorized
representatives of the City of Altoona may enter at reasonable times
upon any property within the City of Altoona to investigate or ascertain
the condition of the subject property in regard to any aspect regulated
by this chapter.
B.
No work shall commence on any subsequent phase until the preceding
one has been inspected and approved. If there are deficiencies in
any phase, the officer or inspector shall issue a written description
of the required corrections and stipulate the time by which they must
be made.
C.
Violation. Whenever the floodplain administrator or authorized representative
determines that there are reasonable grounds to believe that there
has been a violation of any provisions herein, or of any regulations
adopted pursuant thereto, the appropriate administrator shall give
notice of such alleged violation as hereinafter provided. Such notice
shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires:
(4)
Be served upon the property owner or his or her agent, as the case
may require; provided, however, that such notice or order shall be
deemed to have been properly served upon such owner or agent when
a copy thereof has been served with such notice by any other method
authorized or required by the laws of this commonwealth.
(5)
Contain an outline of remedial action which, if taken, will affect
compliance.
(6)
The floodplain administrator shall notify all City departments of
violations of this chapter and direct each department to take appropriate
action if the violation of this chapter constitutes a violation of
any other City ordinance.
D.
Noncompliance. Upon failure to comply within the time specified,
unless otherwise extended by the City of Altoona, the applicant, developer,
owner or his/her agent shall be subject to the penalty provisions
of this chapter. Any development initiated or any structure or building
constructed, reconstructed, enlarged, altered, or relocated in noncompliance
with this chapter may be declared, by the floodplain administrator,
to be a public nuisance and abatable as such.
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, such official may revoke any approvals given under
this chapter.
A.
Fines. Any person, partnership, or corporation failing to comply
with any or all of the requirements or provisions of this chapter
or who fails or refuses to comply with any notice, order or direction
of the floodplain administrator or any other authorized employee of
the City of Altoona shall be guilty of an offense and, upon conviction,
shall pay a fine to the City of Altoona of not less than $250 nor
more than $1,000. All fines shall have added to them the costs incurred
by the City for enforcement, including, but not limited to, court
costs, attorneys' fees, professional fees to engineers, architects,
surveyors, planners, landscape architects, or other design professionals,
and expert witness compensation.
B.
Time frame. Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge, determining
that there has been a violation, further determines that there was
a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation. Under
such circumstances, there shall be deemed to have been only one such
violation until the fifth day following the date of the initial determination
of a violation by the Magisterial District Judge; thereafter, each
day that a violation continues shall constitute a separate violation.
C.
Civil procedure. If the defendant neither pays nor timely appeals
the judgment, the City may enforce the judgment pursuant to the applicable
rules of civil procedure.
D.
Action for equity. In addition to the above penalties, all other
actions are hereby reserved, including an action in equity for the
proper enforcement of this chapter.
E.
Compliance. The imposition of a fine or penalty for any violation
of, or noncompliance with, this chapter shall not excuse the violation
or noncompliance or permit it to continue, and all such persons shall
be required to correct or remedy such violations and noncompliance
within 90 days.
F.
Order of stay. The court of competent jurisdiction, upon petition,
may grant an order of stay, upon cause shown, tolling the per diem
judgment pending a final adjudication of the violation and judgment.
G.
Right to commence action. Nothing contained within this section shall
be construed or interpreted to grant any person or entity other than
the City the right to commence action for enforcement pursuant to
this section.
H.
Noncompliance. Any development initiated or any structure or building
constructed, reconstructed, enlarged, altered, or relocated in noncompliance
with this chapter may be declared by the City of Altoona as a public
nuisance and abatable as such.
I.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction
in proceedings brought under this section. The Zoning Hearing Board,
City Council, or the Planning Commission do not have jurisdiction
once the enforcement procedures contained in this section are initiated.
J.
In addition to any other remedy available to the City of Altoona,
the City may also seek remedies and penalties under applicable Pennsylvania
statutes or regulations adopted pursuant thereto. Any activity conducted
in violation of this chapter is declared a public nuisance by the
City and abatable as such. The City may institute and maintain appropriate
actions by law or equity to restrain, correct or abate violations,
to prevent unlawful construction, to recover damages and to prevent
illegal occupancy of a building, structure or premises.
A.
General. Any person aggrieved by any action or decision of the floodplain
administrator concerning the administration of the provisions of this
chapter may appeal to the Zoning Hearing Board by the following procedures.
(1)
Application for appeals of these regulations shall be submitted,
in writing, to the floodplain administrator on forms supplied by the
City of Altoona, who, upon receipt, shall transmit said requests to
the Zoning Officer.
(2)
The Zoning Officer shall, within five working days, acknowledge receipt
of all variation requests to the floodplain administrator.
(3)
Should any request for variation require review and approval by the
state or federal government, the Zoning Officer shall, within five
working days, send a copy of said variation request to the appropriate
governmental body or agency.
(4)
All those charged with reviewing the request shall, within 15 working
days, conduct such a review and transmit comments to the Zoning Officer
to be forwarded to the Zoning Hearing Board for its consideration
at the hearing.
(5)
Failure to review the variance request and comment within the time
allotted shall be deemed that the nonresponding official has no problems
with the request. No time limits shall be placed upon federal or state
governmental bodies or agencies except the outer time limits placed
on hearings by the Municipalities Planning Code.[1]
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
(6)
The Zoning Officer shall place the request for variance on the agenda
of the Zoning Hearing Board in accordance with the normal procedures
used for hearings. Should federal or state governmental comments or
approvals be required before the Zoning Hearing Board acts upon the
request, the hearing shall be opened but then continued until the
first meeting following the receipt of any said comments or approvals.
(7)
Upon hearing any request for variation of this chapter, the Zoning Hearing Board shall render a written decision within 45 days to the applicant, Zoning Officer, and the officials in Subsection A(1) above. Each decision shall be accompanied by findings of fact and conclusions based on this chapter and shall contain a reference to the provision relied on and the reasons why the decision is deemed appropriate in light of the facts found.
B.
Standard. If compliance with any of the requirements of this chapter
would result in an exceptional hardship to a prospective builder,
developer or landowner, the City of Altoona may, upon request, grant
relief from the strict application of the requirements.
C.
Variance procedures and conditions. Requests for variances shall
be considered by the City of Altoona in accordance with the procedures
contained in this section:
(1)
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
(2)
No variance shall be granted for any construction, development, use,
or activity within any AE Area without floodway that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)
In granting any variance, the City of Altoona 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 chapter.
(6)
In determining whether to vary the order, requirement, decision or
determination appealed from, the Zoning Board shall consider whether
an equally good or better form of mitigation is available.
(7)
Financial disadvantage of the property owner or developer is not
in and of itself sufficient evidence of a need to permit any variance.
(8)
No variance shall be granted permitting structures to be designed
and constructed without the capacity to withstand the base flood.
(9)
No variance shall be granted on the basis that compliance with this
chapter will increase the cost of construction, development, use of
land, or interior repair. The decision shall document the noneconomic
basis for the grant of the variance.
(10)
No variance of the regulations contained within this chapter
shall be granted if said variation serves to abrogate the terms or
requirements of any other federal, state, or local regulations and/or
ordinances.
(12)
(13)
A complete record of all variance requests and related actions
shall be maintained indefinitely by the City of Altoona. In addition,
a report of all variances granted during the year shall be included
in the annual report to the FEMA.
D.
Flood resistant. 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.
E.
Exercise of power. In exercising the above powers, the Zoning Board
may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from such order, requirement,
decision or determination as ought to be made and, to that end, shall
have all the powers of the officer or agency from whom the appeal
was taken. Every change granted or denied shall be accompanied by
written findings of fact based on sworn testimony and evidence, specifying
the reason for granting or denying the variance. The decision of the
Zoning Board shall be made a part of any plan approval.
A.
Identification.
(1)
The identified floodplain area shall be any areas in the City of
Altoona classified as special flood hazard areas (SFHAs) in the Flood
Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps
(FIRMs) dated March 2, 2012, and issued by the Federal Emergency Management
Agency (FEMA), or the most recent revision thereof, including all
digital data developed as part of the Flood Insurance Study.
(2)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the City of Altoona and declared
to be a part of this chapter.
B.
Description of floodplain areas.
(1)
The floodway.
(a)
Description. The area identified as the floodway in the FIS
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.
(b)
Special requirements.
[1]
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
[2]
No new construction or development shall be allowed unless a
permit is obtained from the Department of Environmental Protection
Regional Office.
(2)
Special floodplain area.
(a)
Description. The areas identified as Zones AE (A1-A30 previous
mapping) in the FIS which are subject to inundation by the one-percent
annual chance flood event determined by detailed methods and have
base flood elevations (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 Department of Environmental Protection
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 BFE by more than one foot.
(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 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 Department of Environmental Protection
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 City of Altoona 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 City of Altoona.
C.
Changes in identification of area. The areas considered to be floodplain
may be revised or modified by the City of Altoona where studies or
information provided by a qualified agency or person document the
need or possibility for such revision and shall follow the guidelines
as set forth in these regulations and all applicable Federal Emergency
Management Agency requirements. No modification or revision of any
floodplain area identified in the Flood Insurance Study shall be made
without prior approval from the Federal Emergency Management Agency.
Additionally, as soon as practicable, but not later than six months
after the date such information becomes available, a community shall
notify the FEMA of the changes by submitting technical or scientific
data.
D.
Boundary disputes. Should a dispute arise concerning any identified
floodplain boundary, an initial determination shall be made by the
floodplain administrator, and any party aggrieved by this decision
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
A.
Existing structures. The provisions of this chapter 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 Subsection B of this section shall apply.
B.
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 the elevation
of the base flood.
(2)
No expansion or enlargement of an existing structure shall be allowed
within any AE Area without floodway 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 such extent or amount less than 50% of its market value does not constitute substantial improvement and therefore shall be elevated and/or floodproofed to the greatest extent possible (see § 362-3B, Definitions).
(4)
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 (see § 362-3B, Definitions) and shall be undertaken only in full compliance with the provisions of this chapter.
A.
General.
(1)
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 City of Altoona
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands.
(2)
In addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development, Bureau of Community
Planning, shall be notified prior to any alteration or relocation
of any watercourse.
(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 chapter, the entire Altoona
Planning Code (this chapter), and any other applicable codes, ordinances,
and regulations.
(4)
Within six months of the completion of any new construction, development,
or other activity resulting in changes in the BFE, submit technical
or scientific data to FEMA for a letter of map revision (LOMR).
B.
Special floodway requirements. Within any identified floodway area,
the following provisions apply:
(1)
Any new construction, development, use, activity, or encroachment
that would cause any increase in flood heights shall be prohibited.
(2)
No new construction or development shall be allowed unless a permit
is obtained from the Department of Environmental Protection, Bureau
of Dams, Waterways and Wetlands.
C.
Elevation and floodproofing requirements. In Zones A, AE (A1-30 previous
mapping), 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. The design and construction
standards and specifications contained in the 2009 International Building
Code (IBC) and in the 2009 International Residential Code (IRC), or
the most recent revisions thereof, and ASCE 24 and 34 Pa. Code (Chapters
401 through 405, as amended) shall be utilized. Within any identified
floodplain, all construction, development, use of land, and interior
repair shall meet the following requirements:
(1)
Residential structures. In Zones AE (A1-30 previous mapping), 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. See § 362-3B for regulatory flood elevation definition. 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 § 362-4B of this chapter.
(2)
Nonresidential structures. In Zones AE (A1-30 previous mapping) 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:
(a)
Is floodproofed so that the structure is watertight with walls
substantially impermeable to the passage of water; and
(b)
Has structural components with the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy.
(c)
[1]In A Zones, where no base flood elevations are 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 § 362-4B of this chapter.
(d)
[2]Any nonresidential structure, or part thereof, having a
lowest floor which is not elevated to at least 1 1/2 feet above
the base flood elevation shall be floodproofed in a completely or
essentially dry manner in accordance with the W1 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 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.
(3)
[3]Space below lowest floor (residential properties):
(a)
Basements are prohibited.
(b)
Fully enclosed space below the lowest floor (excluding basement)
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.
(c)
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.
[3]
Editor’s Note: This subsection, formerly Subsection
C(5), was redesignated 2-13-2019 by Ord. No. 5742.
(4)
[4]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:
(a)
The 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, material, and equipment related to the principal use or
activity.
(b)
Floor area shall not exceed 200 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be at least 1 1/2
feet above the base flood elevation.
(f)
Permanently affixed utility equipment and appliances, such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary Sewer facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwaters 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:
[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.
(i)
For accessory structures that are 200 square feet, or larger,
in area (footprint) and that are below base flood elevation, a variance
is required as set forth in Article VIII. If a variance is granted,
a signed declaration of land restriction (nonconversion agreement)
shall be recorded on the property deed prior to issuance of the certificate
of occupancy. No variances shall be granted for a proposed accessory
structure that exceeds 600 square feet in size. A signed nonconversion
agreement is required as a condition of receiving the variance.
[4]
Editor’s Note: This subsection, formerly Subsection
C(6), was redesignated 2-13-2019 by Ord. No. 5742.
D.
Design and construction standards. The following design and construction
standards shall apply for all construction, development, use of land,
and interior repair undertaken within any floodplain areas.
[Amended 2-13-2019 by Ord. No. 5742]
(1)
Fill. If 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 floodplain administrator;
(e)
Be used to the extent to which it does not adversely affect
adjacent properties; and
(f)
When located within 50 feet of any identified floodway, all
fill slopes shall be protected by rock riprap at a minimum of 18 inches
thick or similar protective measures meeting Pennsylvania Department
of Transportation or Natural Resources Conservation Service specifications.
(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 ensure 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
and to control all stormwater discharge as prescribed by the Pennsylvania
Stormwater Management Act 1978-167 and the City of Altoona Stormwater
Management Ordinance[5] and to minimize reverse flow of water in systems caused
by flooding conditions of outlet streams or drainageways.
(3)
Water and sanitary sewer facilities systems:
(a)
All new or replacement water 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 floodplain, except in strict compliance with all state and local
regulations for such systems. If any such system is permitted, it
shall be located so as to avoid impairment to it and contamination
from it during a flood.
(d)
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities from Flood Damages" 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 change of impairment during a flood.
(5)
Streets and parking areas. The finished elevation of all new streets
and parking areas 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 § 362-16. Development which may endanger human life shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures.
(a)
All buildings and structures shall be designed, located, and
constructed so as to offer minimum obstruction to the flow of water
and shall be designed to have a minimum effect upon the flow and height
of floodwater.
(b)
The following shall not be placed or caused to be placed in
floodway areas: fences, except two-wire fences, and other structures
or other matter which may impede, retard, or change the direction
of the flow of water, or that will catch or collect debris carried
by such water, or that is placed where the natural flow of the stream
or floodwaters would carry the same downstream to the damage or detriment
of either public or private property adjacent to these flood-prone
areas.
(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, large pipes, 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 floorings 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 incurring structural
damage to the building.
(b)
All finished flooring at or below the regulatory flood elevation
shall be made of materials which are stable and resistant to water
damage resulting from submersion.
(c)
All carpeting or carpet cushions employed as a finished flooring
surface at or below the regulatory flood elevation shall be made of
materials which are resistant to water damage resulting from submersion.
(d)
Plywood used at or below the regulatory flood elevation shall
be of an exterior or marine grade and of a water-resistant or waterproof
variety.
(e)
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.
(f)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Adhesives used at or below the regulatory flood elevation shall
have a bonding strength that is unaffected by inundation and be of
marine or water-resistant quality.
(b)
All wooden components (doors, trim, cabinets, etc.) used below
the regulatory flood elevation shall be finished with a waterproof
or marine paint or similar product.
(c)
Paints and other finishes used at or below the regulatory flood
elevation shall be capable of surviving inundation and be of marine
or water-resistant quality.
(12)
Equipment. Water heaters, furnaces, plumbing systems, 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.
A.
General. The location of many types of development or activity within
any floodplain area may produce unnecessary dangers for the residents
of the City of Altoona and surrounding communities. As a result, this
section specifies the activity and/or development that is prohibited
within any floodplain. No variance shall be granted.
B.
Prohibited activities. 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 which will be used for any activity
requiring the maintenance of a supply (more than 550 gallons or other
comparable volume) of any of the following dangerous materials or
substances, or any amount of radioactive substances, on the premises
shall be prohibited in any floodplain:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
C.
Prohibited development. The following types of development or use
of land are prohibited if located entirely or partially within any
floodplain:
(1)
Hospitals (public or private).
(2)
Nursing homes (public or private).
(3)
Jails or prisons.
(4)
New and replacement manufactured homes in manufactured home parks
and manufactured home subdivisions and substantial improvements to
existing manufactured homes and home parks.
[Amended 2-13-2019 by Ord. No. 5742]
