[Ord. 12-2017, passed 5-3-2017]
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 City Council
of the City of Erie does hereby enact as follows.
[Ord. 12-2017, passed 5-3-2017]
(a)
Intent. The intent of this article is to:
(1)
Promote the general health, welfare, and safety of the community.
(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 community, 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 the City of Erie unless
a Permit has been obtained from the Floodplain Administrator.
(c)
Abrogation and greater restrictions. This article 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 article, the more restrictive shall apply. All ordinances
and parts thereof in conflict herewith are hereby repealed.
(d)
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this article shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the Ordinance, which shall remain in full force and effect, and
for this purpose the provisions of this article are hereby declared
to be severable.
(e)
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this
article is considered reasonable for regulatory purposes and is based
on accepted engineering methods of study. Larger floods may occur
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This article
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)
This article shall not create liability on the part of the City
of Erie or any officer or employee thereof for any flood damages that
result from reliance on this article or any administrative decision
lawfully made thereunder.
[Ord. 12-2017, passed 5-3-2017]
(a)
Designation of the Floodplain Administrator.
(1)
The City Engineer within the Department of Public Works, Property
and Parks, Bureau of Engineering is hereby appointed to administer
and enforce this article 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 C.F.R.
Section 59.22.
(2)
In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Mayor.
(b)
Permits required. A Permit shall be required before any construction
or development is undertaken within any area of the City of Erie.
(c)
Duties and responsibilities of the Floodplain Administrator.
(1)
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)
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. 1344. No permit shall be issued until this determination has been made.
(3)
In the case of existing structures, prior to the issuance of
any Development/Permit, the Floodplain Administrator shall review
the proposed cost of improvements or repairs and the pre-improvement
market value of the structure, so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
(4)
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.
(5)
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 ordinance.
(6)
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 Office of the City Solicitor for whatever
action it considers necessary.
(7)
The Floodplain Administrator shall maintain in perpetuity, or
for the lifetime of the structure, all records associated with the
requirements of this article including, but not limited to, finished
construction elevation data, permitting, inspection and enforcement.
(8)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program as requested.
(9)
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.
(10)
The Floodplain Administrator shall consider the requirements
of the 34 PA Code and the 2009 IBC and the 2009 IRC, or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania.
(d)
Application procedures and requirements.
(1)
Application for such a Permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by the City of Erie.
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.
Site location including address.
E.
Listing of other permits required.
F.
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.
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 for
Permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
A.
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
B.
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
C.
Adequate drainage is provided so as to reduce exposure to flood
hazards;
D.
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
E.
Building materials are flood-resistant;
F.
Appropriate practices that minimize flood damage have been used;
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 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.
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
4.
The location of all existing streets, drives, and other access
ways; and
5.
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
1.
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
2.
In V1-30, VE, and V zones, obtain and maintain the elevation
of the bottom of the lowest horizontal structural member of the lowest
floor of all new and substantially improved structures;
3.
The elevation of the base flood;
4.
Supplemental information as may be necessary under 34 PA Code,
the 2009 IBC or the 2009 IRC, or the latest revision thereof as adopted
by the Commonwealth of Pennsylvania.
D.
The following data and documentation:
1.
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
2.
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
3.
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a Floodway Area (See Section 945.04(b)(1)) will not increase the base flood elevation at any point.
4.
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 Section 945.04(b)(2)) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
5.
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 flood proofing measures which have been incorporated into the design
of the structure and/or the development.
6.
Detailed information needed to determine compliance with Section 945.05(c)(6), Storage, and Section 945.05(d), Development Which May Endanger Human Life, including:
a.
The amount, location and purpose of any materials or substances referred to in Sections 945.05(c)(6) and 945.05(d) which are intended to be used, produced, stored or otherwise maintained on site.
7.
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development".
8.
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)
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.
(e)
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the 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.
(f)
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. planning commission, municipal engineer, etc.) for review and
comment.
(g)
Changes. 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 Floodplain Administrator for
consideration.
(h)
Placards. In addition to the Permit, the Floodplain Administrator
shall issue a placard, or similar document, 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.
(i)
Start of construction. 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 development permit does not refer to the zoning approval.
(1)
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.
(2)
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.
(j)
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 this
article, 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;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
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 State;
E.
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this article.
(2)
Penalties. Any person who fails to comply with any or all of
the requirements or provisions of this article or who fails or refuses
to comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a summary offense and upon conviction shall pay a fine to City
of Erie, of not less than $100 nor more than $1,000 plus costs of
prosecution. In default of payment there shall be imposed a period
of imprisonment for a period not to exceed 90 days. In addition to
the above penalties all other actions are hereby reserved including
an action in equity for the proper enforcement of this article. The
imposition of a fine or penalty for any violation of, or noncompliance
with this article 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 article may be declared by the Floodplain Administrator to be
a public nuisance and abatable as such.
(k)
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
Ordinance, 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.
(2)
Upon receipt of such appeal the Zoning Hearing Board shall consider
the appeal in accordance with the Municipalities Planning Code and
any other local ordinance.
(3)
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to court, as provided by the laws
of this State including the Pennsylvania Flood Plain Management Act.
[Ord. 12-2017, passed 5-3-2017]
(a)
Identification.
(1)
The identified floodplain area shall be: Any areas of City of
Erie, classified as Special Flood Hazard Areas (SFHAs) in the Flood
Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps
(FIRMs) dated June 7, 2017 and issued by the Federal Emergency Management
Agency (FEMA) or the most recent revision thereof, including all digital
data developed as part of the Flood Insurance Study.
(2)
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by City of Erie and declared to
be a part of this article.
(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 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.
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 permit shall be granted within any AE Zone without floodway,
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 development together
with all other existing and anticipated development, would not result
in an increase in flood levels of more than one foot within the entire
community during the occurrence of the base flood discharge.
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)
A.
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.
B.
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. In the absence of any of the
above data or documentation, the community may require elevation of
the lowest floor to be at least three feet above the highest adjacent
grade.
(4)
Zone VE and Zone V1-30: Special flood hazard areas subject to inundation by the 1% annual chance (100-year) flood and subject to high velocity wave action. Within Zones VE and V1-30, the elevation of the bottom of the lowest horizontal member of the lowest floor (excluding piling and columns) of all new and substantially improved structures, must be obtained and a record of such shall be maintained by the Floodplain Administrator as designated in Section 945.03(a).
(5)
The V Area/District Shall be those areas identified as a V Zone
on the FIRM included in the FIS prepared by FEMA and for those which
no Base flood elevations have been provided.
(6)
Coastal A Zone: An area within a special flood hazard area,
landward of a coastal high hazard area (V Zone) or landward of a shoreline
without a mapped coastal high hazard area, in which the principal
source(s) of flooding are astronomical tides and storm surges, and
in which, during base flood conditions, the potential exists for breaking
waves with heights greater than or equal to 1.5 feet. The inland limit
of the Coastal A Zone may be delineated on FIRMs as the Limit of Moderate
Wave Action (LiMWA).
(7)
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 1% 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 City 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 Section 945.05(a)(2) 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 and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. 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, 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 CFR 44 60.3.
[Ord. 12-2017, passed 5-3-2017]
(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 the municipality,
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 City of Erie proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or 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 Part 65.12):
A.
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
B.
Upon receipt of the FEMA 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.
Upon completion of the proposed encroachments, the applicant
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)
The alteration of sand dunes that would increase potential flood
damage within the Zones V1-30, V, and VE is prohibited.
(4)
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 article and any other
applicable codes, ordinances and regulations.
(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 V and 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 Section 945.04(b)(3).
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
401-405 as amended) shall be utilized, where they are more restrictive.
(2)
Non-residential structures.
A.
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a non-residential 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.
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 Section 945.04(b)(3).
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 non-residential 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. There should be a statement submitted
with the permit application and a statement submitted with the as-built
Floodproofing Certificate prior to the issuance of the Certificate
of Occupancy.
E.
Any non-residential structure that will be floodproofed must
submit the following to the Floodplain Administrator along with the
non-residential Floodproofing Certificate and prior to the issuance
of the Certificate of Occupancy:
1.
An Inspection and Maintenance Plan detailing the annual maintenance
of floodproofed components ensuring that all components will operate
properly under flood conditions. Components that must be inspected
include at a minimum:
2.
Flood Emergency Operation Plan detailing the procedures to be
followed during a flooding event, and must include information pertaining
to how all components will operate properly under all conditions,
including power failures. The design professional must produce the
plan. An adequate plan must include the following:
a.
An established chain of command and responsibility with leadership
responsibilities clearly defined for all aspects of the plan.
b.
A procedure for notification of necessary parties when flooding
threatens and flood warnings are issued. Personnel required to be
at the building should have a planned and safe means of ingress and
should have no other emergency response duties during a flood event.
Alternates should be assigned in the event that the primary persons
responsible are unable to complete their assigned duties under the
plan.
c.
A list of specific duties assigned to ensure that all responsibilities
are addressed expeditiously. The locations of materials necessary
to properly install all floodproofing components must be included
in the list.
d.
An evacuation plan for all personnel or occupants; those without
duties for the flood emergency as well as those with duties for implementing
the plan. All possible ingress and egress routes must be identified.
e.
A periodic training and exercise program to keep personnel and
occupants aware of their duties and responsibilities. Training drills
should be held at least once a year and should be coordinated with
community officials.
f.
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 revision thereof as adopted by
the Commonwealth of Pennsylvania, and ASCE 24 and 34 PA Code (Chapters
401-405 as amended) shall be utilized, where they are more restrictive.
(3)
Space below the lowest floor. Any 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 flood waters for the purpose
of equalizing hydrostatic forces on exterior walls. The term "fully
enclosed space" also includes crawl spaces. Designs for meeting this
requirement must either be certified by a registered professional
engineer or architect, or meet or exceed the following minimum criteria:
A.
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space installed
on two separate walls.
B.
The bottom of all openings shall be no higher than one foot
above grade.
C.
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 this article, 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.
(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 600 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 flood waters.
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 flood waters.
(c)
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Limitations on the use of fill to elevate structures. If fill
is used in any A, AE, A1-30, AO, or AH Zones, it shall:
A.
Extend laterally at least 15 feet beyond the building line from
all points;
B.
Consist of soil or small rock materials only - Sanitary Landfills
shall not be permitted;
C.
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
D.
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by the Floodplain Administrator; 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 storm water 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 flood waters.
B.
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into flood waters.
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 #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 Regulatory Flood Elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in Section 945.05(d), Development Which May Endanger Human Life, shall be stored at or above the Regulatory Flood Elevation or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of flood water.
(8)
Anchoring.
A.
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
B.
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the Regulatory Flood Elevation
shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
A.
Wood flooring used at or below the Regulatory Flood Elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
B.
Plywood used at or below the Regulatory Flood Elevation shall
be of a "marine" or "water-resistant" variety.
C.
Walls and ceilings at or below the Regulatory Flood Elevation
shall be designed and constructed of materials that are "water-resistant"
and will withstand inundation.
D.
Windows, doors, and other components at or below the Regulatory
Flood 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 Regulatory Flood
Elevation shall be of "marine" or "water-resistant" quality.
B.
Adhesives used at or below the Regulatory Flood Elevation shall
be of a "marine" or "water-resistant" variety.
C.
All wooden components (doors, 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)
Equipment.
A.
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 and shall
be anchored to resist flotation, collapse, and lateral movement.
B.
Ductwork shall be elevated to or above the Regulatory Flood
Elevation or floodproofed to remain water resistant.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of flood waters into the system
and discharges from the system into flood waters. Additional provisions
shall be made for the drainage of these systems in the event that
flood water infiltration occurs.
(14)
Uniform Construction Code Coordination.
A.
The Standards and Specifications contained in 34 PA Code (Chapters
401-405), as amended and not limited to the following provisions shall
apply to the above and other sections and sub-sections of this ordinance,
to the extent that they are more restrictive and supplement the requirements
of this ordinance.
B.
International Building Code (IBC) 2009 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania:
Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
C.
International Residential Building Code (IRC) 2009 or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania: Secs.
R104, R105, R109, R322, Appendix E, and Appendix J.
(15)
Requirements in coastal high hazard areas (V Zones) and Coastal
A Zones.
A.
General requirements.
1.
In addition to the general requirements of Section 945.05(c), the requirements of this section shall:
a.
Apply in flood hazard areas that are identified as coastal high
hazard areas (V Zones) and Coastal A Zones (if delineated).
b.
Apply to all development, new construction, substantial improvements
(including repair of substantial damage), and placement, replacement,
and substantial improvement (including repair of substantial damage)
of manufactured homes.
2.
Exception. In Coastal A Zones, the requirements of Section 945.05(f)(5) shall apply to substantial improvements (including repair of substantial damage), and substantial improvement of manufactured homes (including repair of substantial damage) and replacement manufactured homes.
[Note: See "Coastal Construction Manual" (FEMA P-55).]
B.
Location and site preparation.
1.
The placement of structural fill for the purpose of elevating
buildings is prohibited.
2.
Buildings shall be located landward of the reach of mean high
tide.
3.
Minor grading, and the placement of minor quantities of fill,
shall be permitted for landscaping and for drainage purposes under
and around buildings and for support of parking slabs, pool decks,
patios and walkways.
4.
Site preparations shall not alter sand dunes unless an engineering
analysis demonstrates that the potential for flood damage is not increased.
C.
Residential and nonresidential structures. New structures and substantial improvement (including repair of substantial damage) of existing structures shall comply with the applicable requirements of Section 945.05(b) and the requirements of this section.
1.
Foundations.
a.
Structures shall be supported on pilings or columns and shall
be adequately anchored to such pilings or columns. Pilings shall have
adequate soil penetrations to resist the combined wave and wind loads
(lateral and uplift). Water loading values used shall be those associated
with the base flood. Wind loading values shall be those required by
applicable building codes. Pile embedment shall include consideration
of decreased resistance capacity caused by scour of soil strata surrounding
the piling.
b.
Slabs, pools, pool decks and walkways shall be located and constructed
to be structurally independent of structures and their foundations
to prevent transfer of flood loads to the structures during conditions
of flooding, scour, or erosion from wave-velocity flow conditions,
and shall be designed to minimize debris impacts to adjacent properties
and public infrastructure.
2.
Elevation requirements.
a.
The bottom of the lowest horizontal structural member that supports
the lowest floor shall be located at or above the flood protection
elevation.
b.
Basement floors that are below grade on all sides are prohibited.
c.
The space below an elevated building shall either be free-of-obstruction
or, if enclosed by walls, shall meet the requirements of Paragraph
(x).
[Note: See NFIP Technical Bulletin #5, "Free-of-Obstruction
Requirements".]
3.
Certification of design. As required in Section 945.03(d) the applicant shall include in the application a certification prepared by a licensed professional engineer or a licensed architect that the design and methods of construction to be used meet the requirements of Paragraph (c), Paragraph (d), Paragraph (e), Paragraph (f), and the building code.
4.
Enclosures below the lowest floor.
a.
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access or limited storage.
b.
Enclosures below the lowest floor shall be less than 600 square
feet in area (exterior measurement).
c.
Walls and partitions are permitted below the elevated floor,
provided that such walls and partitions are designed to break away
under flood loads and are not part of the structural support of the
building or structure. [Note: See NFIP Technical Bulletin #9, "Design
and Construction Guidance for Breakaway Walls".]
d.
Electrical, mechanical, and plumbing system components shall
not be mounted on or penetrate through walls that are designed to
break away under flood loads.
e.
Walls intended to break away under flood loads shall be constructed
with insect screening or open lattice, or shall be designed to break
away or collapse without causing collapse, displacement or other structural
damage to the elevated portion of the building or supporting foundation
system. Such walls, framing and connections shall have a design safe
loading resistance of not less than 10 pounds per square foot and
no more than 20 pounds per square foot; or
f.
Where wind loading values of the building code exceed 20 pounds
per square foot, the applicant shall submit a certification prepared
and sealed by a licensed professional engineer or licensed architect
that:
i.
The walls and partitions below the lowest floor
have been designed to collapse from a water load less than that which
would occur during the base flood.
ii.
The elevated portion of the building and supporting
foundation system have been designed to withstand the effects of wind
and flood loads acting simultaneously on all building components (structural
and nonstructural). Water loading values used shall be those associated
with the base flood; wind loading values used shall be those required
by the building code.
iii.
In Coastal A Zones, in addition to the requirements of this section, walls below the lowest floor shall have flood openings that meet the requirements of Section 945.05(b)(3).
D.
Horizontal additions to structures.
1.
A horizontal addition proposed for a building or structure that was constructed after the date specified in Section 945.04(a)(1) shall comply with the applicable requirements of Section 945.04(b) and this section.
2.
For horizontal additions, whether structurally connected or
not structurally connected, to the base building:
a.
If the addition combined with other proposed repairs, alterations, or modifications of the base building constitutes substantial improvement, the base building and the addition shall comply with the applicable requirements of Section 945.04(b) and this section.
b.
If the addition constitutes substantial improvement, the base building and the addition shall comply with all of the applicable requirements of Section 945.04(b) and this section. [Note: The base building is required to comply otherwise it is an obstruction that does not comply with the free-of-obstruction requirement that applies to the elevated addition, see Section 945.05(b).
c.
A horizontal addition to a building or structure that is not
substantial improvement is not required to comply with this section.
E.
Accessory structures.
1.
Accessory structures shall be limited to not more than 600 square
feet in total floor area.
2.
Accessory structures shall comply with the elevation requirements and other requirements of Section 945.06(c) or, if not elevated, shall:
a.
Be usable only for parking of vehicles or limited storage;
b.
Be constructed with flood damage-resistant materials below the
base flood elevation;
c.
Be constructed and placed to offer the minimum resistance to
the flow of floodwaters;
d.
Be anchored to prevent flotation;
e.
Have electrical service and mechanical equipment elevated to
or above the base flood elevation; and
f.
If larger than 100 square feet in size, have walls that meet the requirements of Section 945.05(c)(15)C.4.a. - f. as applicable for the flood zone; and if located in Coastal A Zones, walls shall have flood openings that meet the requirements of Section 945.05(b)(3).
F.
Other structures and development. [Note: See NFIP Technical
Bulletin #5, "Free-of-Obstruction Requirements".]
1.
Decks and patios. In addition to the requirements of the building
code or the residential code, decks and patios shall be located, designed,
and constructed in compliance with the following:
a.
A deck that is structurally attached to a building or structure
shall have the bottom of the lowest horizontal structural member at
or above the flood protection elevation and any supporting members
that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which
shall be designed to accommodate any increased loads resulting from
the attached deck.
b.
A deck or patio that is located below the flood protection elevation
shall be structurally independent from structures and their foundation
systems, and shall be designed and constructed either to remain intact
and in place during base flood conditions or to break apart into small
pieces that will not cause structural damage to adjacent elevated
structures.
c.
A deck or patio that has a vertical thickness of more than 12
inches or that is constructed with more than the minimum amount of
fill that is necessary for site drainage shall not be approved unless
an analysis demonstrates no harmful diversion of floodwaters or wave
runup and wave reflection that would increase damage to adjacent elevated
structures.
d.
A deck or patio that has a vertical thickness of 12 inches or
less and that is at natural grade or on fill material that is similar
to and compatible with local soils and is the minimum amount necessary
for site drainage may be approved without requiring analysis of the
impact on diversion of floodwaters or wave runup and wave reflection.
G.
Other development. Other development activities shall be permitted
only if located outside the footprint of, and not structurally attached
to, structures, and only if an analysis demonstrates no harmful diversion
of floodwaters or wave runup and wave reflection onto adjacent elevated
structures. Other development includes but is not limited to:
(d)
Development which may endanger human life.
(1)
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:
A.
Will be used for the production or storage of any of the following
dangerous materials or substances; or,
B.
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,
C.
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:
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Acetone
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Ammonia
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Benzene
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•
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Calcium carbide
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Carbon disulfide
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•
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Celluloid
|
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•
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Chlorine
|
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•
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Hydrochloric acid
|
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•
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Hydrocyanic acid
|
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•
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Magnesium
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•
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Nitric acid and oxides of nitrogen
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•
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Petroleum products (gasoline, fuel oil, etc.)
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•
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Phosphorus
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•
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Potassium
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•
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Sodium
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•
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Sulphur and sulphur products
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•
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Pesticides (including insecticides, fungicides, and rodenticides)
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•
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Radioactive substances, insofar as such substances are not otherwise
regulated
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(2)
Within any Identified Floodplain Area, any new or substantially
improved structure of the kind described in Subsection (d)(1), above,
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 Subsection (d)(1) above, shall be prohibited. Where permitted within any Identified Floodplain Area, any new or substantially improved residential structure of the kind described in Section 945.05(d)(1), above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with Subsections (a), (b) and (c) hereof.
(4)
Where permitted within any Identified Floodplain Area, any new or substantially improved non-residential structure of the kind described in Section 945.05(d)(1) above, shall be built in accordance with Subsections (a), (b) and (c) hereof including:
A.
Elevated, or designed and constructed to remain completely dry
up to at least 1 1/2 feet above base flood elevation, and,
B.
Designed to prevent pollution from the structure or activity
during the course of a base flood.
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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.
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(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 licensed 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
shall be the responsibility of the applicant.
(f)
Special requirements for manufactured homes.
(1)
Within any Floodway Area/District, manufactured homes shall
be prohibited.
(2)
Within any V, VE and V1-30 Zones, manufactured homes shall be
prohibited.
(3)
Within any Identified Floodplain Area manufactured homes shall
be prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
(4)
A manufactured home substantially improved in Zones V1-30, VE,
or V that is on a site either:
A.
Outside of an existing manufactured home park or subdivision,
B.
In a new manufactured home park or subdivision,
C.
In an expansion to an existing manufactured home park or subdivision,
or,
D.
In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, shall meet the standards of Sections 945.04(b)(1) and 945.05(a)(3), (b) and (c)(1)A.; and all manufactured homes substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30, V, and VE meet the requirements of Section 945.05(f)(5) and all V Zone standards in the 44 CFR 60.3(e)(2) through (e)(7).
(5)
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.
Securely anchored to resist flotation, collapse, or lateral
movement; and
D.
In the case of V, VE, and V1-30 zones, support by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade;
(6)
Equipment requirement:
A.
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 and shall
be anchored to resist flotation, collapse, and lateral improvement.
B.
Ductwork shall be elevated to or above the Regulatory Flood
Elevation or floodproofed to remain water resistant.
(7)
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 "U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto and 34 PA Code Chapter 401-405 shall apply.
(8)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the latest revision thereto as
adopted by the Commonwealth of Pennsylvania, 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.
(g)
Special requirements for recreational vehicles. Recreational vehicles
in Zones A, A1-30, AH, AE, V1-30, VE, and V must either:
[Ord. 12-2017, passed 5-3-2017]
(a)
General. 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 City of Erie:
(b)
Application requirements for special permits. Applicants for Special
Permits shall provide five copies of the following items:
(1)
A written request including a completed Permit Application Form.
(2)
A small scale map showing the vicinity in which the proposed
site is located.
(3)
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:
A.
North arrow, scale and date;
B.
Topography based upon the North American Vertical Datum (NAVD)
of 1988,
C.
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
D.
The location of all existing streets, drives, other access ways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
E.
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;
F.
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;
G.
The location of all proposed buildings, structures, utilities,
and any other improvements; and,
H.
Any other information which the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
A.
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
B.
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
C.
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood;
D.
Detailed information concerning any proposed floodproofing measures,
including the Flood Emergency Operation Plan and the Inspection and
Maintenance Plan;
E.
Cross section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
F.
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades; and,
G.
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
A.
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 s/he represents;
B.
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;
C.
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;
D.
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;
E.
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;
F.
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development;"
G.
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;
H.
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166; and,
I.
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.
(c)
Application review procedures. Upon receipt of an application for a Special Permit by the City of Erie the following procedures shall apply in addition to those of Section 945.03:
(1)
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 City of Erie Planning Commission
and the Floodplain Administrator for review and comment.
(2)
If an application is received that is incomplete, the City of
Erie shall notify the applicant in writing, stating in what respect
the application is deficient.
(3)
If the City of Erie decides to disapprove an application, it
shall notify the applicant, in writing, of the reasons for the disapproval.
(4)
If the City of Erie 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.
(5)
Before issuing the Special Permit, the City of Erie 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 City of Erie.
(6)
If the City of Erie 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.
(7)
If the Department of Community and Economic Development should
decide to disapprove an application, it shall notify the City of Erie
and the applicant, in writing, of the reasons for the disapproval,
and the City of Erie shall not issue the Special Permit.
(d)
Special technical requirements.
(1)
In addition to the requirements of Section 945.05, 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 Section 945.05 or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(2)
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:
A.
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:
1.
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;
2.
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above base flood elevation; and,
3.
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.
B.
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
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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 City of Erie and the Department of Community and Economic
Development.
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[Ord. 12-2017, passed 5-3-2017]
(a)
Existing structures. The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection (b) hereof shall apply.
(b)
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any Identified Floodplain
Area:
(1)
No expansion or enlargement of an existing structure shall be
allowed within any Floodway Area/District that would cause any increase
in BFE.
(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
BFE more than one foot at any point.
(3)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
(4)
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 as adopted by the Commonwealth of Pennsylvania.
(5)
Within any Floodway Area/District (See Section 945.04(b)(1)), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(6)
Within any AE Area/District without Floodway (See Section 945.04(b)(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.
[Ord. 12-2017, passed 5-3-2017]
(a)
General. If compliance with any of the requirements of this article
would result in an exceptional hardship to a prospective builder,
developer or landowner, the City of Erie may, upon request, grant
relief from the strict application of the requirements.
(b)
Variance procedures and conditions. Requests for variances shall be considered by the City of Erie in accordance with the procedures contained in Section 945.03(k) and the following:
(1)
No variance shall be granted for any construction, development,
use, or activity within any Floodway Area/District that would cause
any increase in the BFE.
(2)
No variance shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway that
would, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
(3)
Except for a possible modification of the Regulatory Flood Elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by Special Permit or to Development Which May Endanger Human Life.
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)
In granting any variance, the City of Erie shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare, and to achieve
the objectives of this article.
(7)
(8)
A complete record of all variance requests and related actions
shall be maintained by the City of Erie. In addition, a report of
all variances granted during the year shall be included in the annual
report to the FEMA.
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Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the 1% annual chance flood.
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[Ord. 12-2017, passed 5-3-2017]
(a)
General. Unless specifically defined below, words and phrases used
in this article shall be interpreted so as to give this article its
most reasonable application.
(b)
Specific definitions.
(1)
ACCESSORY USE OR STRUCTURE — A use or structure on the
same lot with, and of a nature customarily incidental and subordinate
to, the principal use or structure.
(2)
BASE FLOOD — A flood which has a 1% chance of being equaled
or exceeded in any given year (also called the "100-year flood" or
1% annual chance flood).
(3)
BASE FLOOD DISCHARGE — 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).
(4)
BASE FLOOD ELEVATION (BFE) — The elevation shown on the
Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30, V, VE, and
V1-30 that indicates the water surface elevation resulting from a
flood that has a 1% or greater chance of being equaled or exceeded
in any given year.
(5)
BASEMENT — Any area of the building having its floor below
ground level on all sides.
(6)
BUILDING — A combination of materials to form a permanent
structure having walls and a roof. Included shall be all manufactured
homes and trailers to be used for human habitation.
(7)
COASTAL A ZONE — An area within a special flood hazard
area, landward of a coastal high hazard area (V Zone) or landward
of a shoreline without a mapped coastal high hazard area, in which
the principal source(s) of flooding are astronomical tides and storm
surges, and in which, during base flood conditions, the potential
exists for breaking waves with heights greater than or equal to 1.5
feet. The inland limit of the Coastal A Zone may be delineated on
FIRMs as the Limit of Moderate Wave Action (LiMWA).
(8)
COASTAL HIGH HAZARD AREA — An area of special flood hazard
extending from offshore to the inland limit of a primary frontal dune
along an open coast and any other area subject to high velocity wave
action from storms. Coastal high hazard areas also are referred to
as "V Zones" and are designated on FIRMs as zones V, VE or V1-30.
(9)
DECLARATION OF LAND RESTRICTION (NON-CONVERSION AGREEMENT) —
A form signed by the property owner to agree not to convert or modify
in any manner that is inconsistent with the terms of the permit and
these regulations, certain enclosures below the lowest floor of elevated
buildings and certain accessory structures. The form requires the
owner to record it on the property deed to inform future owners of
the restrictions.
(10)
DEVELOPMENT — Any man-made change to improved or unimproved
real estate, including but not limited to the construction, reconstruction,
renovation, repair, expansion, or alteration of buildings or other
structures; the placement of manufactured homes; streets, and other
paving; utilities; filling, grading and excavation; mining; dredging;
drilling operations; storage of equipment or materials; and the subdivision
of land.
(11)
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — 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.
(12)
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
— 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).
(13)
FLOOD — A temporary inundation of normally dry land areas.
(14)
FLOOD INSURANCE RATE MAP (FIRM) — 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.
(15)
FLOOD INSURANCE STUDY (FIS) — 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.
(16)
FLOODPLAIN AREA — 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.
(17)
FLOODPROOFING — Any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
(18)
FLOODWAY — 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.
(19)
HIGHEST ADJACENT GRADE — The highest natural elevation
of the ground surface prior to construction next to the proposed walls
of a structure.
(20)
HISTORIC STRUCTURES — Any structure that is:
A.
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;
B.
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;
C.
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
(21)
IDENTIFIED FLOODPLAIN AREA — 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 Sections 945.04(a) and (b) for the specifics on what areas the community has included in the Identified Floodplain Area.
(22)
LIMIT OF MODERATE WAVE ACTION (LiMWA) — Inland limit of
the area affected by waves greater than 1.5 feet during the base flood.
Base flood conditions between the VE Zone and the LiMWA will be similar
to, but less severe than those in the VE Zone.
(23)
LOWEST FLOOR — The lowest floor of the lowest fully enclosed
area (including basement). An unfinished, flood resistant partially
enclosed area, used solely for parking of vehicles, building access,
and incidental storage, in an area other than a basement area is not
considered the lowest floor of a building, provided that such space
is not designed and built so that the structure is in violation of
the applicable non-elevation design requirements of this ordinance.
(24)
MANUFACTURED HOME — 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.
(25)
MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for
rent or sale.
(26)
NEW CONSTRUCTION — Structures for which the start of construction
commenced on or after June 7, 2017 and includes any subsequent improvements
to such structures. Any construction started after March 1, 1979 and
before June 7, 2017 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.
(27)
NEW MANUFACTURED HOME PARK OR SUBDIVISION — 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.
(28)
PERSON — An individual, partnership, public or private
association or corporation, firm, trust, estate, municipality, governmental
unit, public utility or any other legal entity whatsoever, which is
recognized by law as the subject of rights and duties.
(29)
POST-FIRM STRUCTURE — Is 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
March 1, 1979, whichever is later, and, as such, would be required
to be compliant with the regulations of the National Flood Insurance
Program.
(30)
PRE-FIRM STRUCTURE — Is 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 March 1, 1979, whichever is later, and, as such, would not be
required to be compliant with the regulations of the National Flood
Insurance Program.
(31)
RECREATIONAL VEHICLE — A vehicle which is:
A.
Built on a single chassis;
B.
Not more than 400 square feet, measured at the largest horizontal
projections;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
D.
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
(32)
REGULATORY FLOOD ELEVATION — The base flood elevation
(BFE) or estimated flood height as determined using simplified methods
plus a freeboard safety factor of 1 1/2 feet. The freeboard safety
factor also applies to utilities and ductwork.
(33)
SPECIAL PERMIT — 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.
(34)
SPECIAL FLOOD HAZARD AREA (SFHA) — 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, AH, V, VE, or
V1-30.
(35)
START OF CONSTRUCTION — 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 manufacture 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.
(36)
STRUCTURE — A walled and roofed building, including a
gas or liquid storage tank that is principally above ground, as well
as a manufactured home.
(37)
SUBDIVISION — The division or re-division 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.
(38)
SUBSTANTIAL DAMAGE — Damage from any cause sustained by
a structure whereby the cost of restoring the structure to its before-damaged
condition would equal or exceed 50% or more of the market value of
the structure before the damage occurred.
(39)
SUBSTANTIAL IMPROVEMENT — 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" 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.
(40)
UNIFORM CONSTRUCTION CODE (UCC) — The statewide building
code adopted by The Pennsylvania General Assembly in 1999 applicable
to new construction in all municipalities whether administered by
the municipality, a third party or the Department of Labor and Industry.
Applicable to residential and commercial buildings, The 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.
(41)
VARIANCE — A grant of relief by a community from the terms
of a floodplain management regulation.
(42)
VIOLATION — 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.
