[HISTORY: Adopted by the Borough Council of the Borough of
Sharpsburg as indicated in part and article histories. Amendments
noted where applicable.]
[Adopted 9-2-2014 by Ord.
No. 14-06]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
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 Borough Council
of the Borough of Sharpsburg does hereby order as follows.
The intent of this chapter is to:
1.ย
Promote the general health, welfare and safety of the community.
2.ย
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
3.ย
Minimize danger to public health by protecting water supply and natural
drainage.
4.ย
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
5.ย
Comply with federal and state floodplain management requirements.
1.ย
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the Borough of Sharpsburg unless a permit has been
obtained from the Floodplain Administrator.
2.ย
A permit shall not be required for minor repairs to existing buildings
or structures.
This chapter supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this chapter, the more restrictive
shall apply.
1.ย
The degree of flood protection sought by the provisions of this chapter
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.
2.ย
This chapter shall not create liability on the part of the Borough
of Sharpsburg or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
1.ย
The Code Enforcement Officer is hereby appointed to administer and
enforce this chapter and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may: (A) fulfill the duties and responsibilities
set forth in these regulations; (B) delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors and other employees; or (C) 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 community 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.
2.ย
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator's duties are to be fulfilled by the Borough Council
President.
A permit shall be required before any construction or development
is undertaken within any area of the Borough of Sharpsburg.
1.ย
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.
2.ย
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); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); and the U.S. Clean Water Act, Section
404, 33 U.S.C. ยงย 1344. No permit shall be issued until this
determination has been made.
3.ย
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. He/she shall make as many inspections during and upon
completion of the work as are necessary.
4.ย
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.ย
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.
6.ย
The Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this chapter, including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
7.ย
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
8.ย
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the Floodplain Ordinance as the floodplain administrator/manager.
9.ย
The Floodplain Administrator shall consider the requirements of Title
34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions
thereof.
1.ย
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Borough of Sharpsburg. Such
application shall contain the following:
A.ย
Name and address of applicant.
B.ย
Name and address of owner of land on which proposed construction
is to occur.
C.ย
Name and address of contractor.
D.ย
Site location including address.
E.ย
Listing of other permits required.
F.ย
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.
G.ย
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
2.ย
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
A.ย
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this and all other applicable
codes and ordinances;
B.ย
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage;
C.ย
Adequate drainage is provided so as to reduce exposure to flood hazards;
D.ย
Structures will be anchored to prevent flotation, collapse or lateral
movement;
E.ย
Building materials are flood-resistant;
F.ย
Appropriate practices that minimize flood damage have been used;
and
G.ย
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
3.ย
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
A.ย
A completed permit application form.
B.ย
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)ย
North arrow, scale and date;
(2)ย
Topographic contour lines, if available;
(3)ย
The location of all existing and proposed buildings, structures
and other improvements, including the location of any existing or
proposed subdivision and development;
(4)ย
The location of all existing streets, drives and other accessways;
and
(5)ย
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.ย
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
D.ย
The following data and documentation:
(1)ย
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(2)ย
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood; and floodway area (see ยงย 8-118.1A) that,
when combined with all other existing and anticipated development,
will not increase the base flood elevation at any point.
(3)ย
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 base flood. 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.
(4)ย
Detailed information needed to determine compliance with ยงย 8-124.6, Storage, and ยงย 8-125, Development which may endanger human life, including:
(a)ย
The amount, location and purpose of any materials or substances
referred to in ยงยงย 8-124.6 and 8-125 which are intended
to be used, produced, stored or otherwise maintained on site.
(5)ย
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(6)ย
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
4.ย
Applications for permits shall be accompanied by a fee, payable to
the municipality, based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
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 Floodplain Administrator to
the County Conservation District for review and comment prior to the
issuance of a permit. The recommendations of the Conservation District
shall be considered by the Floodplain Administrator for possible incorporation
into the proposed plan.
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 Floodplain Administrator to any
other appropriate agencies and/or individuals (e.g., planning commission,
municipal engineer, etc.) for review and comment.
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.
In addition to the permit, the Floodplain Administrator 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, the date of its issuance, and be signed by the Floodplain
Administrator.
1.ย
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. Work
shall also 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 Floodplain Administrator. The issuance
of a development permit does not refer to the zoning approval.
2.ย
The actual start of construction 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.
3.ย
Time extensions shall be granted only if a written request is submitted
by the applicant, who sets forth sufficient and reasonable cause for
the Floodplain Administrator to approve such a request, and the original
permit is compliant with the ordinance and FIRM/FIS in effect at the
time the extension is granted.
1.ย
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
A.ย
Be in writing;
B.ย
Include a statement of the reasons for its issuance;
C.ย
Allow a reasonable time not to exceed a period of 30 days for the
performance of any act it requires;
D.ย
Be served upon the property owner or his 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 state;
E.ย
Contain an outline of remedial actions which, if taken, will effect
compliance with the provisions of this chapter.
2.ย
Penalties. Any person who fails 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 municipality shall be guilty
of an offense and, upon conviction, shall pay a fine to the Borough
of Sharpsburg of not less than $25 nor more than $600 plus costs of
prosecution. In addition to the above penalties, all other actions
are hereby reserved, including an action in equity for the proper
enforcement of this chapter. 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. All such
persons shall be required to correct or remedy such violations and
noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered or relocated in noncompliance with this chapter may be declared
by the Borough Council to be a public nuisance and abatable as such.
1.ย
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. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
1.ย
The identified floodplain area shall be:
A.ย
Any areas of Borough of Sharpsburg classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs), dated September 26, 2014, 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.ย
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Borough of Sharpsburg and declared
to be a part of this chapter.
1.ย
The identified floodplain area shall consist of the following specific
areas:
A.ย
The Floodway Area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without 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 flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(1)ย
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)ย
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection regional office.
B.ย
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(1)ย
The AE area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
C.ย
The A Area/District shall be those areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
2.ย
In lieu of the above, the municipality 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 municipality.
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 to the special flood hazard area, approval must
be obtained from FEMA. Additionally, as soon as practicable, but not
later than six months after the date such information becomes available,
a community shall notify FEMA of the changes to the special flood
hazard area by submitting technical or scientific data. See ยงย 8-122.2
for situations where FEMA notification is required.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Borough of Sharpsburg,
and any party aggrieved by this decision or determination may appeal
to the Borough Council. The burden of proof shall be on the appellant.
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
community shall review flood hazard data affecting the lands subject
to boundary changes. The community shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR 60.3.
1.ย
Alteration or relocation of watercourse.
A.ย
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 municipality and
until all required permits or approvals have first been obtained from
the Department of Environmental Protection regional office.
B.ย
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.ย
In addition, FEMA and the Pennsylvania Department of Community and
Economic Development shall be notified prior to any alteration or
relocation of any watercourse.
2.ย
When a community proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; any development occurring in Zones A1-30 and Zone AE
without a designated floodway which will cause a rise of more than
one foot in the base flood elevation; or alteration or relocation
of a stream (including but not limited to installing culverts and
bridges), the applicant shall (as per 44 CFR 65.12):
A.ย
Apply to FEMA for conditional approval of such action prior to permitting
the encroachments to occur.
B.ย
Upon receipt of the Administrator's conditional approval of
map change and prior to approving the proposed encroachments, a community
shall provide evidence to FEMA of the adoption of floodplain management
ordinances incorporating the increased base flood elevations and/or
revised floodway reflecting the post-project condition.
C.ย
Upon completion of the proposed encroachments, a community shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR Part
67.
3.ย
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 and any other applicable
codes, ordinances and regulations.
1.ย
Residential structures.
A.ย
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.ย
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 ยงย 8-118.1C
of this chapter.
C.ย
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 to 405, as amended) shall be
utilized where they are more restrictive.
2.ย
Nonresidential structures.
A.ย
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.ย
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 ยงย 8-118.1C of this chapter.
C.ย
Any nonresidential structure or part thereof made watertight below
the regulatory flood elevation shall be floodproofed 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
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.ย
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 to 405, as amended) shall be
utilized where they are more restrictive.
3.ย
Space below the lowest floor.
A.ย
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.ย
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)ย
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)ย
The bottom of all openings shall be no higher than one foot
above grade.
(3)ย
Openings may be equipped with screens, louvers or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
4.ย
Historic structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
chapter must comply with all ordinance requirements that do not preclude
the structure's continued designation as a historic structure.
Documentation that a specific ordinance requirement will cause removal
of the structure from the National Register of Historic Places or
the State Inventory of Historic places must be obtained from the Secretary
of the Interior or the State Historic Preservation Officer. Any exemption
from ordinance requirements will be the minimum necessary to preserve
the historic character and design of the structure.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area.
1.ย
Fill. If fill is used, it shall:
A.ย
Extend laterally at least 15 feet beyond the building line from all
points;
B.ย
Consist of soil or small rock materials only - sanitary landfills
shall not be permitted;
C.ย
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling;
D.ย
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; and
E.ย
Be used to the extent to which it does not adversely affect adjacent
properties.
2.ย
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.
3.ย
Water and sanitary sewer facilities and systems.
A.ย
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.ย
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
C.ย
No part of any on-site waste disposal system shall be located within
any identified floodplain area 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 or
contamination from it during a flood.
D.ย
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.ย
Other utilities. All other utilities such as gaslines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
5.ย
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
6.ย
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 ยงย 8-125, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
7.ย
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.ย
Anchoring.
A.ย
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
B.ย
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.ย
Floors, walls and ceilings.
A.ย
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.ย
Plywood used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
C.ย
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.ย
Windows, doors and other components at or below the regulatory flood
elevation shall be made of metal or other water-resistant material.
10.ย
Paints and adhesives.
A.ย
Paints and other finishes used at or below the regulatory flood elevation
shall be of marine or water-resistant quality.
B.ย
Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
C.ย
All wooden components (doors, trim, cabinets, etc.) used at or below
the regulatory flood elevation shall be finished with a marine or
water-resistant paint or other finishing material.
12.ย
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.ย
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.ย
Uniform Construction Code coordination. The standards and specifications
contained 34 Pa. Code (Chapters 401 to 405), as amended, and not limited
to the following provisions, shall apply to the above and other sections
and subsections of this chapter to the extent that they are more restrictive
and supplement the requirements of this chapter.
Within any identified floodplain area, any structure of the kind described in Subsection 1 below shall be prohibited. If a variance is obtained in accordance with the criteria in ยงย 8-132, then the following provisions apply: Subsections 2, 3 and 4.
1.ย
In accordance with the Pennsylvania Flood Plain Management Act and
the regulations adopted by the Department of Community and Economic
Development 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 list of materials and substances are considered
dangerous to human life:
A.ย
Acetone.
B.ย
Ammonia.
C.ย
Benzene.
D.ย
Calcium carbide.
E.ย
Carbon disulfide.
F.ย
Celluloid.
G.ย
Chlorine.
H.ย
Hydrochloric acid.
I.ย
Hydrocyanic acid.
J.ย
Magnesium.
K.ย
Nitric acid and oxides of nitrogen.
L.ย
Petroleum products (gasoline, fuel oil, etc.).
M.ย
Phosphorus.
N.ย
Potassium.
O.ย
Sodium.
P.ย
Sulphur and sulphur products.
Q.ย
Pesticides (including insecticides, fungicides, and rodenticides).
R.ย
Radioactive substances, insofar as such substances are not otherwise
regulated.
2.ย
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection 1 above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
3.ย
Within any floodway area, any structure of the kind described in Subsection 1 above shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in ยงย 8-125.1 above shall be elevated to remain completely dry up to at least 1ย 1/2 feet above base flood elevation and built in accordance with ยงยงย 8-122, 8-123 and 8-124.
4.ย
Where permitted within any identified floodplain area any new or substantially improved nonresidential structure of the kind described in ยงย 8-125.1 above shall be built in accordance with ยงยงย 8-122, 8-123 and 8-124, including elevated or designed and constructed to remain completely dry up to at least 1ย 1/2 feet above base flood elevation and 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.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in identified floodplain 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
and letter of map revision. Submittal requirements and processing
fees shall be the responsibility of the applicant.
1.ย
Within any identified floodplain area manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in ยงย 8-132, then the following provisions apply:
2.ย
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
A.ย
Placed on a permanent foundation;
B.ย
Elevated so that the lowest floor of the manufactured home is at
least 1ย 1/2 feet above base flood elevation;
C.ย
Anchored to resist flotation, collapse or lateral movement; and
D.ย
Have all ductwork and utilities, including HVAC/heat pump, elevated
to the regulatory flood elevation.
3.ย
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the United States Department of Housing and Urban
Development's "Permanent Foundations for Manufactured Housing,"
1984 Edition, draft or latest revision thereto, and 34 Pa. Code Chapters
401 to 405 shall apply.
4.ย
Consideration shall be given to the installation requirements of
the 2009 IBC and the 2009 IRC, or the most recent revisions thereto,
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot
be provided or were not established for the proposed unit's installation.
Within any identified floodplain area recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in ยงย 8-132, then the following provisions apply:
1.ย
In accordance with the administrative regulations promulgated by
the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any identified floodplain area unless a
special permit has been issued by the Borough of Sharpsburg:
2.ย
Application requirements for special permits. Applicants for special
permits shall provide five copies of the following items:
A.ย
A written request including a completed permit application form.
B.ย
A small-scale map showing the vicinity in which the proposed site
is located.
C.ย
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)ย
North arrow, scale and date;
(2)ย
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(3)ย
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
(4)ย
The location of all existing streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(5)ย
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting or affected by the proposed activity or development;
(6)ย
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water including direction and velocities;
(7)ย
The location of all proposed buildings, structures, utilities
and any other improvements; and
(8)ย
Any other information which the municipality considers necessary
for adequate review of the application.
D.ย
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, showing the following:
(1)ย
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections and exterior building elevations,
as appropriate;
(2)ย
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(3)ย
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood;
(4)ย
Detailed information concerning any proposed floodproofing measures;
(5)ย
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(6)ย
Profile drawings for all proposed streets, drives and vehicular
accessways, including existing and proposed grades; and
(7)ย
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E.ย
The following data and documentation:
(1)ย
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(2)ย
Certification from a registered professional engineer, architect
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood;
(3)ย
A statement, certified by a registered professional engineer,
architect, landscape architect or other qualified person, which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood, including a statement concerning the effects such pollution
may have on human life;
(4)ย
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation and flows;
(5)ย
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation, and the effects such materials and debris
may have on base flood elevation and flows;
(6)ย
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(7)ย
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control;
(9)ย
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
3.ย
Application review procedures. Upon receipt of an application for a special permit by the Borough of Sharpsburg, the following procedures shall apply in addition to those of ยงยงย 8-106 to 8-116:
A.ย
Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the Borough of Sharpsburg Planning
Commission and Borough of Sharpsburg Engineer for review and comment.
B.ย
If an application is received that is incomplete, the Borough of
Sharpsburg shall notify the applicant in writing, stating in what
respect the application is deficient.
C.ย
If the Borough of Sharpsburg decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
D.ย
If the Borough of Sharpsburg approves an application, it shall file
written notification, together with the application and all pertinent
information, with the Department of Community and Economic Development,
by registered or certified mail, within five working days after the
date of approval.
E.ย
Before issuing the special permit, the Borough of Sharpsburg shall
allow the Department of Community and Economic Development 30 days,
after receipt of the notification by the Department, to review the
application and decision made by the Borough of Sharpsburg.
F.ย
If the Borough of Sharpsburg does not receive any communication from
the Department of Community and Economic Development during the thirty-day
review period, it may issue a special permit to the applicant.
G.ย
If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify the Borough of Sharpsburg
and the applicant, in writing, of the reasons for the disapproval,
and the Borough of Sharpsburg shall not issue the special permit.
4.ย
Special technical requirements.
A.ย
In addition to the requirements of ยงยงย 8-122 to 8-128 of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in ยงยงย 8-122 to 8-128 of this chapter or in any other code, ordinance or regulation, the more restrictive provision shall apply.
B.ย
No application for a special permit shall be approved unless it can
be determined that the structure or activity will be located, constructed
and maintained in a manner which will:
(1)ย
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located and constructed so that:
(a)ย
The structure will survive inundation by waters of the base
flood without any lateral movement or damage to either the structure
itself or to any of its equipment or contents below the BFE.
(b)ย
The lowest floor (including basement) will be elevated to at
least 1ย 1/2 feet above the base flood elevation.
(c)ย
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood.
(2)ย
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
C.ย
All 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 of Sharpsburg and the Department of Community
and Economic Development.
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 ยงย 8-131 shall apply.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
1.ย
No expansion or enlargement of an existing structure shall be allowed
within any identified floodplain area that would cause any increase
in BFE. In A Area/District(s), BFEs are determined using the methodology
in ยงย 8-118.1C.
2.ย
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 chapter.
3.ย
The above activity shall also address the requirements of 34 Pa.
Code, as amended, and the 2009 IBC and the 2009 IRC.
4.ย
Within any floodway area/district (see ยงย 8-118.1A), no
new construction or development shall be allowed, unless the appropriate
permit is obtained from the Department of Environmental Protection
regional office.
5.ย
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.
1.ย
General. If compliance with any of the requirements of this chapter
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Borough of Sharpsburg may, upon request,
grant relief from the strict application of the requirements.
2.ย
Variance procedures and conditions.
A.ย
Requests for variances shall be considered by the Borough of Sharpsburg in accordance with the procedures contained in ยงย 8-116 and the following:
(1)ย
No variance shall be granted within any identified floodplain
area that would cause any increase in BFE. In A Area/District, BFEs
are determined using the methodology in ยงย 8-118.1C.
(3)ย
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)ย
In granting any variance, the Borough of Sharpsburg 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)ย
(7)ย
A complete record of all variance requests and related actions
shall be maintained by the Borough of Sharpsburg. In addition, a report
of all variances granted during the year shall be included in the
annual report to the FEMA.
B.ย
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.
1.ย
Unless specifically defined below, words and phrases used in this
chapter shall be interpreted so as to give this chapter its most reasonable
application.
2.ย
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
HISTORIC STRUCTURES
A.ย
B.ย
C.ย
D.ย
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
A.ย
B.ย
C.ย
D.ย
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VARIANCE
VIOLATION
Specific definitions.
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"
or one-percent annual chance 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 to form a permanent structure
having 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 Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
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 of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states 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:
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See ยงยงย 8-117 and 8-118 for the specifics on what areas the community has included in the identified floodplain area.
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.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent or similar piping, electric wiring, mechanical or
other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after September 26, 2014, and includes any subsequent improvements
to such structures. Any construction started after June 4, 1976 and
before September 26, 2014 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.
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 structure for which construction or substantial improvement
occurred after December 31, 1974 or on or after the community's
initial Flood Insurance Rate Map (FIRM), dated June 4, 1976, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974 or before the community's
initial Flood Insurance Rate Map (FIRM), dated June 4, 1976, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
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;
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 Method plus a freeboard safety factor
of 1ย 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.
A special approval which is required for hospitals, nursing
homes, jails and new manufactured home parks/subdivisions and substantial
improvements to such existing parks, when such development is located
in all or a designated portion of a floodplain.
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 after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of 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 ground, as well as a manufactured home.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
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, for 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
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 code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
A grant of relief by a community from the terms of a floodplain
management regulation.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications or other evidence of compliance required in 44
CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
This chapter shall be effective on September 26, 2014, and shall
remain in force until modified, amended or rescinded by the Borough
of Sharpsburg, Allegheny County, Pennsylvania.