[Amended 11-2-1998 by Ord. No. 221]
A.
Purpose. The purpose of the R-1 Low Density Residential District
is to provide for the orderly expansion of low density residential
development in those areas where public services are available; and
to exclude uses not compatible with such low density residential development.
H.
Coverage. Maximum total: 35%.
[Amended 11-2-1998 by Ord. No. 221]
A.
Purpose. The purpose of the R-2 Medium Density Residential is to
provide for the orderly development of existing and proposed medium-density
residential areas where adequate public services and circulation facilities
are or will be available, and to exclude those uses not compatible
with such development.
G.
Height. Maximum: 2 1/2 stories or 35 feet, whichever is lesser.
H.
Coverage. Maximum total: 35%.
[Amended 11-2-1998 by Ord. No. 221]
A.
Purpose. It is the purpose of the R-3 High Density Residential District
to prevent the overcrowding of land and yet encourage higher density
residential uses in those areas where public services are more available,
and to provide for the public convenience and avoid congestion of
the streets.
B.
Permitted uses.
[Amended 9-4-2012 by Ord.
No. 277; 1-7-2013 by Ord. No. 279]
G.
Height. Two and one-half stories or 35 feet, whichever is the lesser.
H.
Coverage. Maximum total: 35%.
[Amended 3-2-1981 by Ord.
No. 170]
A.
Purpose. The purpose of the R-4 High-Rise Residential District is
to provide for special use multifamily residential uses. This district
will be only for exceptional cases for community and regional housing
needs where the structure must be over 2 1/2 stories.
F.
Height. Maximum: eight stories.
G.
Coverage. Maximum total: 80%.
A.
Purpose. The purpose of the C-1 General Commercial District is to
provide for the orderly development of those uses necessary to meet
the community and regional needs for general goods and services as
well as those of a social, cultural, and civic nature, to provide
as a conditional use for combined commercial establishments and multiple-family
dwellings, and to exclude uses not compatible with such activities.
B.
Permitted uses. Commercial establishments, excluding junkyards. Accessways
to adjacent properties.
E.
Minimum setback.
(1)
Front: 10 feet.
(2)
Side: none, except when a commercial use abuts any residential (R-1,
R-2, R-3, R-4) district, there shall be a ten-foot minimum side yard
setback. In no case shall common walls be permitted between properties
of separate ownership. In the case of such a series of adjoining structures
on lots of single and separate ownership abutting and paralleling
a public right-of-way, an unobstructed passage of at least 20 feet
in width shall be provided at grade level at intervals not more than
400 feet apart.
(3)
Rear: 20 feet.
F.
Height. Maximum: 2 1/2 stories or 35 feet, whichever is the
lesser.
G.
Coverage. Maximum total: 75%.
A.
Purpose. The purpose of the I-1 Industrial District is to provide
sufficient space, in appropriate locations, to meet the current and
anticipated future needs for a wide range of industrial activity.
It is further intended that approved industrial operations will be
compatible with adjacent uses.
B.
Permitted uses.
(1)
Industrial and manufacturing activities.
(2)
Warehouse and distribution centers.
(3)
Truck and bus terminals and related facilities.
(4)
Rail yards, rail terminals and related facilities.
(5)
Repair and maintenance facilities.
(6)
Parking facilities.
(7)
Any facilities required by federal, state or local pollution control
authorities.
(8)
Accessory buildings and uses customarily incidental to the above
uses.
(9)
Accessways to adjacent properties.
(11)
Open pit mining for the recovery of metallic scrap materials,
or materials suitable for use as cinders or public or private roads
or materials suitable for general agriculture purposes.
C.
Conditional uses.
(1)
Disposal and waste storage areas incidental to the operation of industrial
activities, provided evergreen tree screening which attains a minimum
height of five feet in three years is installed.
(2)
Landfills incidental to the operation of industrial activities if
screening is provided and the applicable regulations of the Department
of Environmental Protection are met.
(3)
Appropriate public uses and essential services.
A.
Purpose. The purpose of the OS Open Space District is to provide
for the preservation and conservation of the natural environment and
natural resources while providing for such uses and development as
are compatible with these objectives, and to provide appropriate space
for recreation use that is compatible with the surrounding districts.
B.
Uses permitted. A lot or parcel may be used for any of the following
purposes:
(1)
Recreation areas, including playgrounds, picnic areas, and other
appropriate areas.
(2)
Horticultural uses related to the raising, propagating, and selling
of trees, shrubs, flowers, and other vegetative material.
(3)
Agricultural uses related to the tilling of the land, the raising
of horses, cattle, and other livestock, and the raising of poultry
and poultry products.
(4)
Buildings. Only those structures deemed appropriate for use in a
recreational area.
C.
Conditional uses. Appropriate public uses and essential services.
[Amended by Ord. No. 167; 12-7-1992 by Ord. No. 202; 6-6-2016 by Ord. No.
289]
A.
(1)
Promote the general health, welfare, and safety of the residents
of Avis Borough.
(2)
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply and natural
drainage.
(4)
Reduce financial burdens imposed on the residents of Avis Borough,
its governmental units, and its residents by preventing excessive
development in areas subject to flooding.
(5)
Comply with federal and state floodplain management requirements.
B.
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 Avis Borough unless a
floodplain development compliance certificate has been obtained from
the Floodplain Administrator.
C.
Abrogation and greater restrictions. Sections 500-19 through 500-26 supersede any other conflicting provisions which may be in effect in identified floodplain areas. However, any other section 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 §§ 500-19 through 500-26, the more restrictive shall apply.
D.
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of §§ 500-19 through 500-26 shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the sections, which shall remain in full force and effect, and for this purpose the provisions of §§ 500-19 through 500-26 are hereby declared to be severable.
E.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of §§ 500-19 through 500-26 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. Sections 500-19 through 500-26 do 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.
[Amended 11-3-1986 by Ord. No. 185; 6-6-2016 by Ord. No. 289]
A.
Designation of the Floodplain Administrator.
(1)
A Floodplain Administrator, appointed by resolution of Avis Borough, shall be charged with the responsibility to administer and enforce the provisions of §§ 500-19 through 500-26 within Avis Borough. 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.
(c)
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations.
(2)
Administration of any part of these regulations by another entity
shall not relieve Avis Borough of its responsibilities pursuant to
the participation requirements of the National Flood Insurance Program
(NFIP) as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(3)
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the President of Avis
Borough Council.
B.
Permits required. A floodplain development compliance certificate
shall be required before any construction or development is undertaken
within any area of Avis Borough that is subject to flooding.
C.
Duties and responsibilities of the Floodplain Administrator.
(2)
Should any construction or development involve a land development, as that term is defined in §§ 500-19 through 500-26, a land development plan shall be submitted to the Municipal Engineer for review under both §§ 500-19 through 500-26 and Avis Borough's Subdivision and Land Development Ordinance.[1]
(3)
All other applicants shall provide the floodplain development compliance
certificate to the individual or individuals having certification
under the Pennsylvania UCC who shall be responsible for inspection
of the proposed construction or development to assure its compliance
with the Pennsylvania UCC.
(4)
Prior to the issuance of any floodplain development compliance certificate,
the Floodplain Administrator shall review the floodplain development
permit application 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),[2] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No floodplain development compliance certificate
shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S.
§ 693.1 et seq., and 35 P.S. § 691.1 et seq.,
respectively.
(5)
In the case of existing structures, prior to the issuance of any
development/permit, the Floodplain Administrator shall review the
history of repairs to the subject building, so that any cumulative
substantial damage concerns can be addressed before the permit is
issued.
(6)
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 §§ 500-19 through 500-26.
(8)
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning Avis Borough's participation
in the National Flood Insurance Program (NFIP).
(9)
The responsibility, authority, and means to implement the commitments
of the Floodplain Administrator can be delegated from the individual
identified. However, the ultimate responsibility lies with the individual
appointed by Avis Borough as the Floodplain Administrator.
(10)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or the latest
edition thereof adopted by the Commonwealth of Pennsylvania.
D.
Application procedures and requirements.
(1)
Application for a floodplain development compliance certificate shall
be made, in writing, to the Floodplain Administrator on forms supplied
by Avis Borough. Such application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Name and address of engineer (if applicable).
(e)
Name and address of property appraiser (if applicable).
(f)
Site location, including address.
(g)
Listing of other permits required.
(h)
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.
(i)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants shall
provide all the necessary information in sufficient detail and clarity
to enable the Floodplain Administrator to determine that:
(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; and
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement; and
(e)
Building materials are flood-resistant; and
(f)
Appropriate practices that minimize flood damage have been used;
and
(g)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(a)
A completed floodplain development permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if available.
[3]
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet.
[4]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and/or land development.
[5]
The location of all existing streets, drives, and other accessways.
[6]
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 (NAVD88).
[2]
The elevation of the base flood.
[3]
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC or latest edition thereof adopted by
the Commonwealth of Pennsylvania.
(d)
The following data and documentation:
[1]
An elevation certificate signed and sealed by a registered professional
land surveyor or registered professional engineer.
[2]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[3]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
[4]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within the floodway area [see § 500-21B(1) of this chapter] when combined with all other existing and anticipated development will not increase the base flood elevation at any point.
[5]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway [see § 500-21B(2) of this chapter] when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within Avis Borough.
[6]
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.
[7]
Detailed information needed to determine compliance with § 500-22C(6) and D of this chapter, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 500-22C(6) and D of this chapter which are intended to be used, produced, stored, or otherwise maintained on site.
[8]
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
[9]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sediment pollution control.
E.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Avis Borough Planning Commission, Avis Borough Engineer, etc.)
for review and comment.
F.
Changes. After the issuance of a floodplain development compliance
certificate by the Floodplain Administrator, no changes of any kind
shall be made to the floodplain development permit application, floodplain
development compliance certificate, or any of the plans, specifications,
or other documents submitted with the floodplain development permit
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 Floodplain Administrator for
consideration.
G.
Placards. In addition to the floodplain development compliance certificate,
the Floodplain Administrator shall issue a placard, or similar document,
which shall be displayed at the construction and/or development project
site during the time construction is in progress. This placard shall
include a brief description of the project, the location of the project,
the date of its issuance, the floodplain development compliance certificate
number, and the signature of the Floodplain Administrator.
H.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance of the floodplain development
compliance certificate. Work shall also be completed within 12 months
after the date of issuance of the floodplain development compliance
certificate or the floodplain development compliance certificate shall
expire unless a time extension is granted, in writing, by the Floodplain
Administrator. A floodplain development compliance certificate holder
shall notify the Floodplain Administrator of the date for commencement
of construction and/or development at least seven days prior thereto.
The issuance of the floodplain development compliance certificate
does not refer to any zoning approval.
(2)
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 structures, 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)
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 floodplain development compliance certificate is compliant with §§ 500-19 through 500-26 and FIRM/FIS in effect at the time the extension is granted.
I.
Inspection and revocation.
(1)
During the construction period, the Floodplain Administrator shall
inspect the premises to determine that the work is progressing in
compliance with the information provided on the floodplain development
permit application. The Floodplain Administrator shall make as many
inspections during and upon completion of the work as are necessary.
(2)
In the event that the Floodplain Administrator discovers that the
work does not comply with the floodplain development 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 floodplain development compliance certificate and
report such fact to Avis Borough for whatever action it considers
necessary.
(4)
The requirements of 34 Pa. Code Chapters 401 through 405 (as amended);
the IBC (Sections 109.3.3,1612.5.1, 104.7, and 103.8,[3] or latest revisions thereof); and the 2003 IRC (R106.1.3,
R109.1.3 and R104.7, or latest revisions thereof) pertaining to elevation
certificates and record retention shall be considered.
[3]
Editor's Note: The 2003, 2006, 2009, 2012, and 2015 versions
of the IBC do not include a Section 103.8.
J.
Fees. Fees payable to Avis Borough by an applicant and/or developer
shall be established from time to time by resolution of Avis Borough
for the following:
(1)
Review of the floodplain development permit application, and any
related documents.
(2)
Review by the Municipal Engineer of the floodplain development permit
application.
(3)
Review by the Municipal Engineer of any and all information concerning
the construction and/or development.
(4)
Any and all fees associated with an applicant's or developer's
request for a letter of map revision (LOMR) or conditional letter
of map revision (CLOMR).
K.
Enforcement.
(1)
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 §§ 500-19 through 500-26, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(a)
Be in writing; and
(b)
Include a statement of the reasons for its issuance; and
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires; and
(d)
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 commonwealth; and
(f)
The penalties/court proceedings which may be imposed should
the violation not be remedied.
(2)
Penalties. Any person who fails to comply with any or all of the requirements or provisions of §§ 500-19 through 500-24 of this chapter or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator, or any other authorized employee of Avis Borough shall be guilty of a summary offense and upon conviction shall pay a fine to Avis Borough, of not less than $100 nor more than $600 plus costs of prosecution, including, but not limited to, attorney's fees, expert witness fees, filing fees, costs of service, and the like. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 10 days. Each day during which any violation of §§ 500-19 through 500-26 continues shall constitute a separate offense. In addition to the above penalties all other actions are hereby reserved, including an action in equity for the proper enforcement of §§ 500-19 through 500-26. The imposition of a fine or penalty for any violation of or noncompliance with §§ 500-19 through 500-26 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 §§ 500-19 through 500-26 may be declared by the Council of the Borough of Avis to be a public nuisance and abatable as such.
L.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of §§ 500-19 through 500-26, may appeal to the Avis Borough Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination, or action of the Floodplain Administrator.
(2)
Upon receipt of such appeal the Avis Borough Zoning Hearing Board
shall set a time and place, within not less than 10 nor more than
45 days, for the purpose of considering the appeal. Notice of the
time and place at which the appeal will be considered shall be given
to all parties.
[Amended 11-3-1986 by Ord. No. 185; 6-6-2016 by Ord. No. 289]
A.
Identification.
(1)
The identified floodplain area shall be any areas of Avis Borough,
classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated September 26, 2008, 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 (FIS), and any
Avis Borough identified flood hazard areas.
B.
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(1)
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.
(a)
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 analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within Avis Borough during the occurrence of the base
flood discharge.
(b)
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.
(2)
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.
(a)
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.
(b)
AE Area without 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 but no floodway has been
determined.
[1]
No floodplain development compliance certificate shall be granted
for any construction, development, use, or activity within any AE
Area/District without floodway unless it is demonstrated that the
cumulative effect of the proposed development would not, together
with all other existing and anticipated development, increase the
base flood elevation more than one foot at any point.
[2]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection regional office.
(3)
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 following procedures shall be used to determine
the base flood elevation:
(a)
For all nonaccessory structures (including residential, commercial,
industrial, and institutional structures), the applicant shall be
required to submit a letter of map amendment (LOMA) to FEMA to either
remove the nonaccessory structure from the A Zone, or obtain a base
flood elevation for a nonaccessory structure that cannot be removed
from the A Zone.
(b)
For all accessory structures:
[1]
The base flood elevation may be determined by using the elevation
of a point on the boundary of the identified floodplain area which
is nearest the construction site; or
[2]
Avis Borough may require the applicant to determine the elevation
using 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
standards. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow for a thorough technical review by Avis
Borough.
(c)
For all accessory structures and all nonaccessory structures,
no new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection regional office.
(4)
The AO and AH Area/District shall be those areas identified as Zones
AO and AH on the FIRM and in the FIS. These areas are subject to inundation
by one-percent-annual-chance shallow flooding where average depths
are between one and three feet. In Zones AO and AH, drainage paths
shall be established to guide floodwaters around and away from structures
on slopes.
C.
Changes in identification of area. The identified floodplain area may be revised or modified by the Council of the Borough of Avis where studies or information provided by a qualified agency or individual 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, Avis Borough shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data. See § 500-22A(2) of this chapter for situations where FEMA notification is required.
D.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Floodplain
Administrator in consultation with the Borough Engineer, and any party
aggrieved by this decision or determination may appeal to the Avis
Borough Zoning Hearing Board. The Avis Borough Zoning Hearing Board
shall set a time and place, within not less than 10 nor more than
45 days, for the purpose of considering the appeal. Notice of the
time and place at which the appeal will be considered shall be given
to all parties. The burden of proof shall be on the appellant.
E.
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, Avis Borough shall review flood hazard data affecting
the lands subject to boundary changes. Avis Borough 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.
[Added 6-6-2016 by Ord.
No. 289]
A.
General.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by Avis Borough,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection regional office.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
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)
When Avis Borough proposes to permit the following encroachments:
(a)
Any development that causes a rise in the base flood elevations
within the floodway; or
(b)
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
(c)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
|
Avis Borough shall (as per 44 CFR 65.12):
| |
|
(1)
|
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur; and
|
|
(2)
|
Upon receipt of the Administrator's conditional approval
of map change and prior to approving the proposed encroachments, 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; and
|
|
(3)
|
Upon completion of the proposed encroachments, provide as-built
certifications. FEMA will initiate a final map revision upon receipt
of such certifications in accordance with 44 CFR 67.
|
(4)
Within any identified floodplain area, no new construction or development
shall be located within the area measured 50 feet landward from the
top-of-bank of any watercourse.
B.
Elevation and floodproofing requirements.
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 500-21B(3) of this chapter.
(c)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(d)
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 latest edition thereof adopted by the
Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401 through 405, as amended) shall be utilized, where they are more
restrictive.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(b)
In A Zones, where 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 § 500-21B(3) of this chapter.
(c)
In AO Zones, any new construction or substantial improvement
shall have their lowest floor elevated or completely floodproofed
above the highest adjacent grade to at least as high as the depth
number specified on the FIRM.
(d)
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
United States 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.
(e)
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 latest edition thereof adopted by the
Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401 through 405 as amended) shall be utilized, where they are more
restrictive.
(3)
Space below the lowest floor.
(a)
Basements are prohibited within the identified floodplain area.
(b)
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.
(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, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
(4)
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in §§ 500-19 through 500-26, must comply with all ordinance requirements that do not preclude the historic structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the historic 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 historic structure.
(5)
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 elevated to the regulatory
flood elevation.
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect, or meet or exceed the following minimum criteria:
[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 the base flood elevation, a variance is required as set forth in § 500-25 of this chapter. 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.
(j)
Prohibit the storage of hazardous materials in accessory structures.
C.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points; and
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted; and
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling; and
(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; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall 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)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply, and sanitary sewer facilities
and systems shall be located, designed, and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site 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)
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 chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the base 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 § 500-21 this chapter, shall be stored at or above the base flood elevation or floodproofed to the maximum extent possible.
(7)
Placement of buildings, structures, fences, and structural barriers.
(a)
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.
(b)
No fences, except two-wire fences, or other structural barriers
which may impede, retard or change the direction of the flow of floodwaters,
or which will catch or collect debris carried by such waters shall
be placed within a designated floodway, nor shall any fence or structural
barrier be placed where the natural flow of floodwater could carry
such fence or structural barrier downstream to the damage or detriment
of any downstream property.
(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 base flood elevation shall
be securely anchored or affixed to prevent flotation.
(9)
Floors, walls, and ceilings.
(a)
Wood flooring used at or below the base flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain without causing structural damage to the building.
(b)
Plywood used at or below the base flood elevation shall be of
a marine or water-resistant variety.
(c)
Walls and ceilings at or below the base flood elevation shall
be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the base flood
elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the base flood elevation
shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the base flood elevation shall be
of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) used at
or below the base flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
(12)
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the base flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Uniform construction code coordination. The standards and specifications contained in 34 Pa. Code Chapters 401 through 405, as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of §§ 500-19 through 500-26, to the extent that they are more restrictive and supplement the requirements of §§ 500-19 through 500-26:
(a)
International Building Code (IBC) 2009 or the latest edition
thereof adopted by the Commonwealth of Pennsylvania, Sections 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b)
International Residential Building Code (IRC) 2009 or the latest
edition thereof adopted by the Commonwealth of Pennsylvania, Sections
R104, R105, R109, R322, Appendix E, and Appendix J.
D.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[1] 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 materials or substances that are considered dangerous to human life, or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any materials on the premises that are considered dangerous to human life, or will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of § 500-22D of this chapter, in addition to all other applicable provisions. The following materials and substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any identified floodplain area, any new or substantially improved structure of the kind described in § 500-22D(1) of this chapter, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Within any floodway area, any structure of the kind described in § 500-22D(1) of this chapter shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Section § 500-22D(1) of this chapter shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with § 500-22A, B and C of this chapter.
(4)
Building requirements for new or substantially improved nonresidential
structures.
(a)
(b)
Any such structure or part thereof that will be built below
the base flood elevation shall be designed and constructed in accordance
with the standards for completely dry floodproofing contained in the
publication "Flood-Proofing Regulations" (United States Army Corps
of Engineers, June 1972 as amended March 1992), or with some other
equivalent watertight standard.
E.
Special requirements for subdivisions and development. 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 registered professional engineer in a format required
by FEMA for a conditional letter of map revision (CLOMR) and letter
of map revision (LOMR). Submittal requirements and processing fees
associated with any CLOMR/LOMR shall be the responsibility of the
applicant and/or developer.
F.
Special requirements for manufactured homes.
(1)
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
(a)
Placed on a permanent foundation;
(b)
Elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above base flood elevation;
(c)
Anchored to resist flotation, collapse, or lateral movement;
and
(d)
Not have any ductwork or utilities, including HVAC/heat pump,
located below the base flood elevation.
(2)
Within any identified floodplain area, an evacuation plan indicating
alternate vehicle access and escape routes shall be filed with the
Floodplain Administrator for manufactured home parks and manufactured
home subdivisions.
(3)
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the 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 through 405
shall apply.
(4)
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the latest edition thereto adopted
by the Commonwealth of Pennsylvania, and 34 Pa. Code, as amended where
appropriate and/or applicable to units where the manufacturer's
standards for anchoring cannot be provided or were not established
for the proposed unit(s) installation.
G.
Special requirements for recreational vehicles. Recreational vehicles
in Zones A, A1-30, AH and AE must either:
[Added 6-6-2016 by Ord.
No. 289]
In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any
identified floodplain area:
B.
The commencement of, or any construction of, a new manufactured home
park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
[Added 6-6-2016 by Ord.
No. 289]
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/district that would cause any increase in
the base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be allowed
within AE Area/District without floodway that would, together with
all other existing and anticipated development, increase the base
flood elevation more than one foot at any point.
(4)
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 and that is not a substantial improvement shall be undertaken to comply with the provisions of §§ 500-19 through 500-26 to the greatest extent possible and/or practical.
(6)
The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or most recent
revision thereof adopted by the Commonwealth of Pennsylvania.
[Added 6-6-2016 by Ord.
No. 289]
A.
General. If compliance with any of the requirements of §§ 500-19 through 500-24 of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, Avis Borough may, upon request, grant relief from the strict application of the requirements via application from builder, developer or landowner upon a form prepared by Avis Borough and submitted to the Avis Borough Zoning Hearing Board.
B.
Variance procedures and conditions.
(1)
Requests for variances shall be considered by the Avis Borough Zoning
Hearing Board, in accordance with the Municipalities Planning Code,[1] and the following:
(a)
No variance shall be granted for any construction, development,
use, or activity within any floodway area/district that would cause
any increase in the base flood elevation.
(b)
No variance shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway that
would, together with all other existing and anticipated development,
increase the base flood elevation more than one foot at any point.
(c)
Except for a possible modification of the base flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by § 500-21 of this chapter.
(e)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(h)
(i)
A complete record of all variance requests and related actions
shall be maintained by Avis Borough. In addition, a report of all
variances granted during the year shall be included in the annual
report to FEMA.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the base flood.
[Added 6-6-2016 by Ord.
No. 289]
B.
ACCESSORY STRUCTURE OR USE
APPLICANT
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COMPLETELY DRY
CUMULATIVE SUBSTANTIAL DAMAGE
DEVELOPER
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEMA
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD/FLOODING
FLOODPLAIN ADMINISTRATOR
FLOODPLAIN AREA
FLOODPLAIN DEVELOPMENT COMPLIANCE CERTIFICATE
FLOODPLAIN DEVELOPMENT PERMIT APPLICATION
FLOODPROOF
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
(3)
LETTER OF MAP AMENDMENT (LOMA)
LETTER OF MAP REVISION (LOMR)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MUNICIPAL ENGINEER
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88)
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGISTERED PROFESSIONAL ENGINEER
REGISTERED PROFESSIONAL LAND SURVEYOR
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL ADDITIONS TO MANUFACTURED HOME PARKS
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VARIANCE
VIOLATION
A structure or use on the same lot with and of a nature customarily
incidental and subordinate to the principal structure or use.
A landowner or developer who undertakes construction or development
within areas of Avis Borough that are subject to flooding.
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.
Refers to a space within a structure that will remain totally
dry during flooding; the structure is designed and constructed to
prevent the passage of water and water vapor.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An individual, public or private association or corporation,
partnership, association, municipality or political subdivision of
the Commonwealth of Pennsylvania, public utility, institution, authority,
firm, trust, estate, receiver, guardian, personal representative,
successor, joint venture, joint stock company, fiduciary, department,
agency or instrumentality of state, federal or local government or
an agent or employee thereof, or any other legal entity who undertakes
construction or development within areas of Avis Borough that are
subject to flooding.
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 Avis Borough.
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).
Federal Emergency Management Agency.
The official map on which the Federal Emergency Management
Agency has delineated both the Special Flood Hazard Areas (SFHAs)
and the risk premium zones applicable to Avis Borough.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map
(FIRM), the Flood Boundary and Floodway Map, and the water surface
elevation of the base flood.
A temporary inundation of normally dry land areas.
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.
A standard municipal form issued to the applicant by Avis
Borough prior to the commencement of development and/or construction
work in the identified floodplain area.
A standard municipal form completed by an applicant prior
to undertaking development and/or construction work in the identified
floodplain area.
Any work or activity that involves structural and nonstructural
additions, changes, or adjustments to structures that reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register; or
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; or
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 Avis Borough has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area (SFHA) on the Flood Insurance Rate Maps (FIRMs) and Flood Insurance Study (FIS), but may include additional areas identified by Avis Borough (please refer to § 500-21A and B of this chapter for areas that Avis Borough has included in the identified floodplain area).
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code.[1]
An amendment to the currently effective FEMA map which establishes
that a property is not located in a Special Flood Hazard Area (SFHA).
A LOMA is issued only by FEMA.
An official amendment to the currently effective FEMA map.
It is issued by FEMA and changes flood zones, delineations, and elevations.
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 §§ 500-19 through 500-26.
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.
A registered professional engineer appointed by Avis Borough
to provide municipal engineering services.
The program of flood insurance coverage and floodplain management
administered under the National Flood Insurance Act of 1968 (and any
amendments thereof) and applicable federal regulations promulgated
in Title 44 of the Code of Federal Regulations, Subchapter B.
Structures for which the start of construction commenced on or after the effective start date of §§ 500-19 through 500-26 and includes any subsequent improvements to such structures. Any construction started after January 16, 1980, and before the effective start date of §§ 500-19 through 500-26 is subject to the ordinance in effect at the time the floodplain development compliance certificate was issued, provided the start of construction was within 180 days of issuance of the floodplain development compliance certificate.
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 Avis Borough.
The North American Vertical Datum of 1988 is the vertical
control datum of orthometric height established for vertical control
surveying in the United States of America based upon the general adjustment
of the North American Datum of 1988.
An individual, public or private association or corporation,
partnership, association, municipality or political subdivision of
the Commonwealth of Pennsylvania, public utility, institution, authority,
firm, trust, estate, receiver, guardian, personal representative,
successor, joint venture, joint stock company, fiduciary, department,
agency or instrumentality of state, federal or local government or
an agent or employee thereof, or any other legal entity who undertakes
construction or development within areas of Avis Borough that are
subject to flooding.
Is a structure for which construction or substantial improvement
occurred after December 31, 1974 or on or after Avis Borough's
initial Flood Insurance Rate Map (FIRM) dated January 16, 1980, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program (NFIP).
Is a structure for which construction or substantial improvement
occurred on or before December 31, 1974 or before Avis Borough's
initial Flood Insurance Rate Map (FIRM) dated January 16, 1980, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program (NFIP).
A vehicle which is:
Built on a single chassis; and
Not more than 400 square feet, measured at the largest horizontal
projections; and
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 recreation, camping, travel, or seasonal use.
An individual currently licensed and registered under the
laws of the Commonwealth of Pennsylvania to engage in the practice
of engineering.
An individual currently licensed and registered under the
laws of the Commonwealth of Pennsylvania to engage in the practice
of land surveying.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zone A,
AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the floodplain development compliance certificate
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 floodplain development compliance certificate
and shall be completed within 12 months after the date of issuance
of the floodplain development compliance certificate 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 structures, 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.
Any repair, reconstruction, or improvement of an existing
manufactured home park or manufactured home subdivision, where such
repair, reconstruction, or improvement of the streets, utilities,
and pads will equal or exceed 50% of the value of the streets, utilities,
and pads before the repair, reconstruction, or improvement is started.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or cumulative 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 Avis Borough, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
A grant of relief by Avis Borough from the terms of a floodplain
management regulation.
The failure of a structure or other development to be fully
compliant with Avis Borough's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
[1]
Editor's Note: See 53 P.S. § 10503(1.1).
