[Ord. 1440, passed 8-25-2014]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Floodplain 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 Town Council
of the Town of McCandless (hereinafter Town) does hereby order as
follows.
[Ord. 1440, passed 8-25-2014]
(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.
(1)
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 Town unless a Permit has been obtained
from the Floodplain Administrator.
(2)
A Permit shall not be required for minor repairs to existing
buildings or structures.
(c)
Abrogation and greater restrictions. All prior Ordinances are hereby
repealed in whole or in part to the extent inconsistent herewith.
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.
(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 article, 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 Town
or any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully
made there under.
[Ord. 1440, passed 8-25-2014]
(a)
Designation of the floodplain administrator. The Land Use Administrator
within the Planning Office is hereby appointed to administer and enforce
this ordinance and is referred to herein as the Floodplain Administrator.
(b)
Permits required. A Permit shall be required before any construction
or development is undertaken within any designated floodplain or floodway
area or any area within 50 feet of the top of bank of a stream area
of the Town.
(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 history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
(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.
The Town shall seek any legal means necessary to remedy the violation.
(7)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this ordinance including,
but not limited to, permitting, inspection and enforcement.
(8)
The Floodplain Administrator shall consider the requirements
of the 34 PA Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
(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 Town. 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; and
C.
Adequate drainage is provided so as to reduce exposure to flood
hazards.
D.
Structures will be anchored to prevent floatation, collapse,
or lateral movement.
E.
Building materials are flood-resistant.
F.
Appropriate practices that minimize flood damage have been used.
G.
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and 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:
D.
The following data and documentation:
1.
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood; and
2.
Detailed information concerning any proposed flood proofing
measures and corresponding elevations.
3.
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
when combined with all other existing and anticipated development,
will not increase the base flood elevation more than one foot at any
point on the property and no increase at any point off the property.
4.
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the 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.
5.
Detailed information needed to determine compliance with Section 912.05(c)(5), Storage, and Section 912.05(d), Development Which May Endanger Human Life, including:
(A)
The amount, location and purpose of any materials or substances referred to in Sections 912.05(c)(5) and 912.05(d) which are intended to be used, produced, stored or otherwise maintained on site.
6.
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
7.
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 and an
escrow in an amount established by Town Resolution and an amount sufficient
to cover the cost of engineering reviews and where necessary engineering
inspections.
(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
including the Town engineer. (e.g. planning commission, municipal
engineer, etc.) for review and comment.
(f)
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 the Floodplain Administrator
for consideration.
(g)
Placards. In addition to the Permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the Permit the date of its issuance and be signed by the
Floodplain Administrator.
(h)
Start of construction.
(1)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the Permit or the permit
shall expire unless a time extension is granted, in writing, by the
Floodplain Administrator. 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 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/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, which sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request.
(i)
As built drawing. An as built drawing is required after completion
of the project. An occupancy permit will be issued by the Floodplain
Administrator after the Town engineer indicates the project is completed
as designed. The drawing shall show at a minimum:
(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 misdemeanor and upon conviction shall pay a fine to the Town,
of not more than $600 plus costs of prosecution with each day of violation
constituting 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 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
and all such persons shall be required to correct or remedy such violations
and noncompliance within a reasonable time.
(k)
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article, 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 on forms supplied by the
Town.
(2)
Upon receipt of such appeal the Zoning Hearing Board shall hear
the case at its next regularly scheduled meeting but not less than
30 days after receiving the appeal. The applicant shall post the notice
of appeal in a conspicuous location on the property. Notice of the
time and place at which the appeal will be considered shall be given
to all parties.
(3)
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief there from by appeal to court, as provided by the
laws of this State including the Pennsylvania Floodplain Management
Act.
[Ord. 1440, passed 8-25-2014]
(a)
Identification. The identified floodplain area shall be:
(1)
Any areas of the Town, classified as special flood hazard areas
(SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood
Insurance Rate Maps (FIRMs) dated September 26, 2014 and issued by
the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study and,
(2)
Any Community Identified Flood Hazard Areas.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by the Town and declared to be a
part of this article.
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(b)
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(1)
The Floodway Area/District Identified as Floodway in the FIS
which represents the channel of a watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation by more than one
foot at any point. This term shall also include floodway areas which
have been identified in other available studies or sources of information,
such as PADEP's definition for un-studied streams, for those special
floodplain areas where no floodway has been identified in the FIS.
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.
No new construction or development shall be allowed, unless
a 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.
(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 1% annual chance flood elevations have been provided. For these
areas, elevation and floodway information from other Federal, State,
or other acceptable source shall be used when available. Where other
acceptable information is not available, the 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.
In lieu of the above, the Town 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.
(c)
Changes in identification of area. The identified floodplain area may be revised or modified by the Town where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the FEMA of the changes by submitting technical or scientific data. See Section 912.05(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 Town
Engineer and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. Pennsylvania Municipalities
Planning Code rules governing Zoning Hearing Board applications shall
be applicable. 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. 1440, passed 8-25-2014]
(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 been first 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, the FEMA and Pennsylvania Department of Community
and Economic Development, shall be notified prior to any alteration
or relocation of any watercourse.
(2)
When a community 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 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, a community shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR Part
67.
(3)
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 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 912.04(b)(3).
C.
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 PA Code (Chapters 401-405 as amended) shall be utilized.
(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.
In A Zones, where there 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 912.04(b)(3).
C.
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.
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 most recent revisions thereof and ASCE
24 and 34 PA Code (Chapters 401-405 as amended) shall be utilized.
(3)
Space below the lowest floor.
A.
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of flood
waters for the purpose of equalizing hydrostatic forces on exterior
walls. The term "fully enclosed space" also includes crawl spaces.
B.
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
1.
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
2.
The bottom of all openings shall be no higher than one foot
above grade.
3.
Openings may be equipped with screens, louvers, etc. or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(4)
Historic structures. Historic structures undergoing repair or
rehabilitation that would constitute a substantial improvements as
defined in this ordinance, 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 UCC standards.
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
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
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)
Fill. If fill is used, it shall:
A.
Extend laterally at least 15 feet beyond the building line from
all points;
B.
Consist of soil or small rock materials only - Sanitary Landfills
shall not be permitted;
C.
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
D.
Be no steeper than one vertical to three horizontal, feet unless
substantiated data, justifying steeper slopes are submitted to, and
approved by the Floodplain Administrator, Town Engineer and Town Council;
E.
It shall be the responsibility of the applicant to show that
the fill will not adversely affect properties or cause an increase
in flood elevations on any properties other than the property under
consideration not exceeding one foot; and
F.
All provisions of the Town grading ordinance must be met.
(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 insure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties
in accordance with the Town Stormwater Management Ordinance.
(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 sewage 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 subsection (d), Development Which May Endanger
Human Life, shall be stored at or above the Regulatory Flood Elevation
or flood proofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of 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. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the Regulatory Flood Elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of 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. The Standards and Specifications
contained 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 article.
International Building Code (IBC) 2009 or the latest edition
thereof: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix
E and Appendix J.
(d)
Development Which May Endanger Human Life.
(1)
In accordance with the Pennsylvania Floodplain 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:
Acetone
Ammonia
Benzene
Calcium carbide
Carbon disulfide
Celluloid
Chlorine
Hydrochloric acid
Hydrocyanic acid
Magnesium
Nitric acid and oxides of nitrogen
Petroleum products (gasoline, fuel oil, etc.)
Phosphorus
Potassium
Sodium
Sulfur and sulfur products
Pesticides (including insecticides, fungicides, and rodenticides)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(2)
Within any Floodway Area, any structure of the kind described
in subsection (a)(1), above, shall be prohibited.
(3)
Within any Identified Floodplain Area, any new or substantially
improved structure of the kind described in subsection (a)(1), above,
shall be prohibited within the area measured 50 feet landward from
the top-of-bank of any watercourse.
(4)
Where permitted within any Identified Floodplain Area, any new
or substantially improved structure of the kind described in subsection
(a)(1), above, shall be:
A.
Elevated, or in the case of a non-residential structure elevated
or designed, and constructed to remain completely dry up to at least
1 1/2 feet above base flood elevation,
B.
Designed to prevent pollution from the structure or activity
during the course of a base flood.
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations (U.S. Army Corps of
Engineers, June 1972 as amended March 1992), or with some other equivalent
watertight standard.
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(e)
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in 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 or Letter of Map Revision. 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 Identified Floodplain Areas, manufactured homes shall
be prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
(3)
Where permitted within any Identified Floodplain Area, all manufactured
homes meeting Town requirements, 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.
D.
Have all ductwork and utilities including HVAC/heat pump elevated
to the Regulatory Flood Elevation.
(4)
Installation of manufactured homes shall be done in accordance
with the manufacturers' installation instructions as provided by the
manufacturer and Town requirements. 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 shall apply
and 34 PA Code Chapter 401-405.
(5)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 PA Code, as amended where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the units(s) proposed installation.
(g)
Special requirements for recreational vehicles. Recreational vehicles
in Zones A, A1-30, AH and AE must either:
[Ord. 1440, passed 8-25-2014]
(a)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Floodplain Management Act, the following activities
shall be prohibited within any Identified Floodplain Area unless a
Special Permit has been issued by the Town:
(1)
The commencement of any of the following activities; or the
construction enlargement, or expansion of any structure used, or intended
to be used, for any of the following activities:
(2)
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
(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, showing existing and proposed contours at intervals of two
feet;
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;
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 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 Town the following procedures shall apply in addition to those of Section 912.03:
(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 Allegheny County Department of Economic
Development certified mail for its review and recommendations. Copies
of the application shall also be forwarded to the Town engineer for
review and comment.
(2)
If an application is received that is incomplete, the Town shall
notify the applicant in writing, stating in what respect the application
is deficient.
(3)
If the Town decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
(4)
If the Town 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 Town 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 Town.
(6)
If the Town 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 Town and
the applicant, in writing, of the reasons for the disapproval, and
the Town shall not issue the Special Permit.
(d)
Special technical requirements.
(1)
In addition to the requirements of Section 912.05, 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 912.05 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.
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.
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 Town and the Department of Community and Economic Development.
|
[Ord. 1440, passed 8-25-2014]
(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.
(5)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
(6)
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "repetitive loss" shall be
undertaken only in full compliance with the provisions of this article.
[Ord. 1440, passed 8-25-2014]
(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 Town 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 Zoning Hearing Board in accordance with the procedures contained in Section 912.03(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 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 (Section 912.06) or to Development Which May Endanger Human Life (Section 912.05(d)).
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)
In granting any variance, the Town 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 Town. In addition, a report of all variances
granted during the year shall be included in the annual report to
the FEMA.
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.
|
[Ord. 1440, passed 8-25-2014]
(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)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood" or 1% 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 1% or greater chance of being equaled
or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
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 article.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exit or exit access requirements; nor
shall minor repairs include addition to, alteration of, replacement
or relocation of any standpipe, water supply, sewer, drainage, drain
leader, gas, oil, waste, vent, or similar piping, electric wiring
or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after September 26, 2014 and includes any subsequent improvements
to such structures. Any construction started after June 18, 1980 and
before September 26, 2014 is subject to the ordinance in effect at
the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
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 June 18, 1980, whichever is
later, and, as such, would be required to be compliant with the regulations
of the National Flood Insurance Program.
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 June 18, 1980, and,
as such, would not be required to be compliant with the regulations
of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck,
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
Flood related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An area in the floodplain subject to a 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.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the Permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development: Provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
or "repetitive loss" regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions.
The statewide building code adopted by The Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
The 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.
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.