It is the purpose and intent of the Flood Hazard District to
promote the general health, welfare and safety of the community; to
encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future; to minimize
the danger to public health by protecting water supply and natural
drainage; to reduce financial burdens imposed on the community, its
residents and the Borough of Mount Holly Springs by preventing excessive
development in areas subject to flooding; to prevent loss of life
and property; and to comply with federal and state floodplain management
requirements.
This article supersedes any other conflicting provision which
may be in effect in identified floodplain areas. However, the requirements
of any underlying district shall remain in full force and effect to
the extent that the provisions therein are more restrictive.
A.
All uses, buildings and structures permitted in the applicable district
underlying the Flood Hazard District are permitted in the Flood Hazard
District, subject to the regulations, restrictions and requirements
of the underlying district and this article.
B.
Routine maintenance and repair of any existing, man-made watercourse
servicing an industrial facility shall be permitted as of right, only
subject to any state and federal permit requirements, but not subject
to the Flood Hazard District regulations.
Any references in Article X to the Code Enforcement Officer shall mean and refer, when applicable to applying and enforcing provisions of the Uniform Construction Code under Article X of the Zoning Ordinance, to any Building Codes Official engaged by the Borough.
A.
Building permits required/applicability.
(1)
Building permits shall be required before any construction or
development is undertaken within any area of the Borough. A building
permit shall not be required in the Flood Hazard District for minor
repairs to existing buildings or structures.
(2)
Prior to the issuance of any building permit, the Code Enforcement
Officer 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)[1]; the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended)[2]; 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 addition to any requirements specified for the issuance of a building permit in this article, all requirements of Article XVI of the Zoning Ordinance are applicable to the issuance of a building permit for construction or development in the Flood Hazard District. In addition, an applicant for a building permit shall provide the following before a building permit is issued:
(a)
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 one-hundred-year flood.
Such document shall include a description of the type and extent of
floodproofing measures which have been incorporated into the design
of the structure and/or development.
(b)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(c)
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.
(d)
Plans of all proposed buildings, structures or other improvements,
drawn at suitable scale showing the proposed lowest floor elevation
of any proposed building based upon North American Vertical Datum
of 1988 as well as the elevation of the one-hundred-year flood.
B.
Review by county soil and water conservation district. A copy of
all plans for new construction in the Flood Hazard District shall
be submitted to the County Soil and Water Conservation District for
review and comment prior to the issuance of a building permit and
no permit shall be issued without a favorable recommendation of the
County Soil and Water Conservation District.
C.
Inspection and revocation.
(1)
During the construction period, the Code Enforcement Officer
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with information submitted
by the applicant and with all applicable municipal laws and ordinances.
The Code Enforcement Officer shall make as many inspections during
and upon completion of the work as are necessary.
(2)
In the discharge of his duties, the Code Enforcement Officer
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area at any reasonable
hour to enforce the provisions of this article.
(3)
In the event the Code Enforcement Officer discovers that the
work does not comply with the permit application or any applicable
laws or ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Code Enforcement Officer shall revoke the building
permit and report such fact to the Borough Council of the Borough
of Mount Holly Springs for whatever action it deems necessary.
A.
Identification. The identified floodplain area shall be those areas
of the Borough of Mount Holly Springs which are subject to the one-hundred-year
flood, as identified in the Flood Insurance Study (FIS) dated March
16, 2009 or the most recent revision thereof and the accompanying
maps prepared for the Borough of Mount Holly Springs by the Federal
Emergency Management Agency (FEMA), or the most recent revision thereof.
B.
Description of floodplain areas.
(1)
The identified floodplain area shall consist of the following
specific areas:
(a)
FW (Floodway Area). The areas identified as "floodway" in the
AE Zone in the Flood Insurance Study prepared by FEMA.
(b)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study, where a floodway has been delineated.
(c)
FA (General Floodplain Area).
[1]
The areas identified as Zone A in the FIS for which
no one-hundred-year flood elevation have been provided. When available,
information from other federal, state and other acceptable sources
shall be used to determine the one-hundred-year elevation, as well
as a floodway area, if possible. When no other information is available,
the one-hundred-year elevation shall be determined by using a point
on the boundary of the identified floodplain area which is nearest
the construction site in question.
[2]
In lieu of the above, the Borough 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 Borough.
(2)
The basis for the outermost boundary of this area shall be the
one-hundred-year flood elevations as shown in the flood profiles contained
in the Flood Insurance Study.
C.
Change in identification of area. The identified floodplain area
may be revised or modified by the Borough of Mount Holly Springs where
studies or information provided by a qualified agency or person documents
the need for such revision, and such revision is approved by the Federal
Emergency Management Agency (FEMA).
D.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Borough
Planning Commission and any party aggrieved by this decision or determination
may appeal to Borough Council. The burden of proof shall be on the
appellant.
A.
General.
(1)
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified prior to any alterations or relocation of any watercourse. Any reference in this Article X to any code or publication shall include and refer to any revised, amended, updated, supplemented and/or successor code or publication.
(2)
Any new construction, development, uses or activities allowed
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this chapter and, any
other applicable codes, ordinances and regulations.
B.
Specific requirements for FW and FA Areas.
(1)
In addition to all other applicable requirements, within any
Floodway Area (FW), the following provisions apply:
(a)
Any new construction, development, use, activity or encroachment
that would cause any increase in flood heights shall be prohibited.
(b)
No new construction or development shall be allowed unless a
permit is obtained from the Department of Environmental Protection,
Bureau of Dams, Waterways and Wetlands.
(2)
Within any FA (General Floodplain Area), the following provisions
apply:
(a)
No new construction or development shall be located within the
area measuring 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection's
regional office.
C.
Elevation and floodproofing requirements.
(1)
Residential structures.
(a)
Within any identified floodplain area, any new construction
or substantial improvement of a residential structure shall have the
lowest floor (including basement) elevated at least 1 1/2 feet
above the one-hundred-year flood elevation.
(b)
The design and construction standards and specifications contained
in 2003 International Building Code (IBC) (Sections 1612.4, 1603.1.6
and 3403.1) and in the 2003 International Residential Code (IRC) (Sections
R323.1.4, R323.2.1 and R323.2.2) and American Society of Civil Engineers
(ASCE) 24 (Sections 2.4 and 2.5, Chapter 5) and 34 Pa. Code (Chapters
401 through 405, as amended) shall be utilized.
(2)
Nonresidential structures.
(a)
Within any identified floodplain area, any new construction
or substantial improvement of a nonresidential structure shall have
the lowest floor (including basement) elevated up to, or above, the
regulatory flood elevation, or be designed and constructed so that
the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height.
(b)
Any nonresidential structure, or part thereof, having a lowest
floor which is not elevated to at least 1 1/2 feet above the
one-hundred-year flood elevation, shall be floodproofed in a completely
or essentially dry manner in accordance with the W1 or W2 space classification
standards contained in the publication entitled "Flood-Proofing Regulations"
published by the US 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.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(2)
Partially enclosed space below the lowest floor (including basement)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "partially 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.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(3)
Consideration may be given to the requirements of 34 Pa. Code
(Chapters 401 through 405, as amended) and the 2003 IRC (Sections
R323.2.2 and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5 and
1203.3).
E.
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, and all other requirements
of this chapter.
(1)
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.
(2)
Floor area shall not exceed 600 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be at least 1 1/2
feet above the one-hundred-year flood elevation.
(6)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwaters for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
(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.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
F.
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 two horizontal feet unless
substantiated data, justifying steeper slopes are submitted to, and
approved by the Code Enforcement Officer.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties. The provisions contained in the 2003 IBC (Section
1801.1 and 1803.4) shall be utilized.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
The provisions contained in the 2003 IBC (Appendix G401.5) shall be
utilized.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any 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 34 Pa.
Code (Chapters 401 through 405, as amended) and contained in the 2003
IBC (Appendix G Sections 401.3 and 401.4) the 2003 IRC (Section 323.6)
the ASCE 24-98 (Section 8.3), FEMA No. 348, Protecting Building Utilities
From Flood Damages and the International Private Sewage Disposal Code
(Chapter 3) 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 § 500-1006, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures.
(a)
All buildings and structures shall be designed, located, and
constructed so as to offer the minimum obstruction to the flow of
water and shall be so designed to have a minimum effect upon the flow
and height of floodwater.
(b)
The following shall not be placed or caused to be placed in
the Flood Hazard District: structures or other matter which may impede,
retard or change the direction of the flow of water, or that will
catch or collect debris carried by such water, or that is placed where
the natural flow of the stream or floodwaters would carry the same
downstream to the damage or detriment of either public or private
property.
(8)
Anchoring.
(a)
All building 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.
(c)
The design and construction requirements of the UCC pertaining
to this subsection as referred to in 34 Pa. Code (Chapters 401 through
405, as amended) and contained in the 2003 IBC (Sections 1605.2.2,
1605.3.2, 1612.4 and Appendix G501.3), the 2003 IRC (Sections R301.1
and R323.1.1) and ASCE 24-98 (Section 5.6) shall be utilized.
(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)
All finished flooring, including carpeting or carpet cushions,
employed as finished flooring used at or below the regulatory flood
elevation shall be made of materials which are stable and resistant
to water damage resulting from submersion.
(d)
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.
(e)
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.) shall be
finished with a "marine" or water-resistant paint or other similar
finishing material.
(d)
The standards and specifications contained in 34 Pa. Code (Chapters
401 through 405, as amended) the 2003 IBC (Sections 801.1.3, 1403.7
and Appendix G) and the 2003 IRC (Section R323.1.7).
(11)
(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. Such equipment
shall be designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Prohibited uses. No removal of topsoil, quarrying, sanitary
landfills, junkyards and/or dumps shall be allowed.
(15)
Uniform Construction Code coordination.
(a)
The Standards and Specifications contained in 34 Pa. Code (Chapters
401 through 405), as amended and not limited to the following provisions
shall apply to the above and other sections and subsections of this
chapter, to the extent that they are more restrictive and/or supplement
the requirements of this chapter.
(b)
International Building Code (IBC) 2003 or the latest edition
thereof; Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402 and Appendix
G.
(c)
International Residential Building Code (IRC) 2003 or the latest
edition thereof; Secs. R104, R105, R109, R323, Appendix AE101, Appendix
E and Appendix J.
A.
The provisions of this section shall be applicable, in addition to
any other applicable provisions of this chapter, or any other ordinance,
code or regulation.
B.
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Pennsylvania Department
of Community and Economic Development as required by the Act, any
new or substantially improved structure which: will be used for the
production or storage or any of the following dangerous materials
or substances; or will be used for any activity requiring the maintenance
of a supply of more than 550 gallons, or other comparable volume,
of any of the following dangerous materials or substances on the premises;
or will involve the production, storage, or use of any amount of radioactive
substances; shall be subject to the provisions of this section, in
addition to all other applicable provisions. The following list of
materials and substances are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
C.
Within any Floodway Area, any structure of the kind described in § 500-1006B above, shall be prohibited.
D.
Additional criteria.
(1)
Where permitted within any Flood-Fringe Area, any structure of the kind described in § 500-1006B above shall be:
(2)
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" (US Army Corps of
Engineers, June 1972 as amended march 1992), or with some other equivalent
watertight standard.
E.
Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this section.
A.
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, such improvement shall be made
subject to the following:
(1)
No expansion or enlargement of an existing structure shall be
allowed within the Floodway Area that would cause any increase in
the elevation of the one-hundred-year flood.
(2)
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. The market value shall be determined
by a licensed real estate professional and submitted, in writing,
to the Borough.
(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 be undertaken only in full compliance
with the provisions of this chapter. The market value shall be determined
by a licensed real estate professional and submitted, in writing,
to the Borough.
B.
The above activity shall also address the requirements of the 34
Pa. Code Chapters 401 through 405, as amended, and the 2003 IBC (Sections
3403.1 and 1612.4) and the 2003 IRC (Sections 323.1.4).
C.
In addition, the requirements of 34 Pa. Code Chapters 401 through
405, as amended, and the 2003 IRC (Sections R102.7.1, R105.3.1 and
Appendices E and J) or the latest revision thereof and the 2003 IBC
(Sections 101.3, 3403.1 and Appendix G) or the latest revision thereof
shall also be utilized in conjunction with the provisions of this
section.
A.
The provisions of this section shall be applicable, in addition to
any other applicable provisions of this chapter, or any other ordinance,
code, or regulation.
B.
Identification of activities requiring a special permit. In accordance
with the Pennsylvania Flood Plain Management Act (Act 1978-166)[1] and regulations adopted by the Department of Community
and Economic Development as required by the Act, the following obstructions
and activities are permitted only by special permit, in the identified
floodplain area:
(2)
The commencement of, or any construction of, a manufactured
home park or manufactured home subdivision or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
C.
Application requirements. Applicants for special permits shall provide
five copies of the following items:
(1)
A written request, including a completed Building 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 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 accessways,
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 one-hundred-year flood elevations,
and information concerning the flow of water including direction and
velocities.
(g)
The location of all proposed buildings, structures, utilities,
and any other improvements.
(h)
Any other information which the Borough 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 one-hundred-year
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.
(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 one-hundred-year 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 one-hundred-year 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 one-hundred-year
flood elevations 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 one-hundred-year flood elevation and the effects such materials
and debris may have on the one-hundred-year flood elevations 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.
(i)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
one-hundred-year flood.
D.
Application review procedures. Upon receipt of an application for
a special permit by the Borough, the following procedures shall apply
in addition to all other applicable permit or other plan approval
procedures which are already established.
(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 for its review
and recommendations. Copies of the application shall also be forwarded
to the Borough Planning Commission and Borough Engineer for review,
comment and recommendation.
(2)
The applicant has the responsibility of making certain that
the application is complete.
(3)
If the Borough decides to disapprove an application, it shall
notify the applicant, in writing, of the reasons for the disapproval.
(4)
If the Borough approves or conditionally approves an application,
it shall file written notification, together with the application
and all pertinent information, with the Pennsylvania Department of
Community and Economic Development within five working days after
the date of approval or conditional approval.
(5)
Before issuing the special permit, the Borough shall allow the
Pennsylvania Department of Community and Economic Development 30 days,
after receipt of the notification by the Department, to review the
application and the decision made by the Borough.
(6)
If the Borough does not receive any communication from the Pennsylvania
Department of Community and Economic Development during the thirty-day
review period, it may issue a special permit to the applicant.
(7)
If the Pennsylvania Department of Community and Economic Development
should decide to disapprove an application, it shall notify the Borough
and the applicant, in writing, of the reasons for the disapproval,
and the Borough shall not issue the special permit.
E.
Technical requirements for development requiring a special permit.
In addition to any other applicable requirements of this chapter,
the following provisions shall also apply to the activities requiring
a special permit. If there is any conflict between any of the following
requirements and any otherwise applicable provision of this chapter,
or any code or regulation, the more restrictive provision shall apply.
(1)
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 one-hundred-year flood without any lateral movement or damage
to either the structure itself, or to any of its equipment or contents
below the one-hundred-year flood elevation.
[2]
The lowest floor elevation (including basement)
will be at least 1 1/2 feet above the one-hundred-year 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 one-hundred-year flood.
(b)
It shall prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(2)
All hydrologic and hydraulic analyses shall be undertaken only
by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Borough and the Pennsylvania Department of
Community and Economic Development.
F.
Except for a possible modification of the freeboard requirement involved,
no variance shall be granted for any of the other requirements of
this section.
In the event compliance with any of the requirements of this
article results in an exceptional hardship of a unique nature upon
the landowner, the Zoning Hearing Board of the Borough may, upon request,
grant relief from the strict application of the requirements, subject
to the following conditions, requirements and restrictions:
A.
No variance shall be granted for any construction, development, use
or activity within any Floodway Area that would cause any increase
in the one-hundred-year flood elevation.
B.
The landowner submits a detailed plan of the proposed buildings, structures or improvements setting forth the information required under § 500-1009C(4) of this chapter.
C.
A detailed survey of the subject property is submitted with the application
for a variance, which survey shall be at the expense of the landowner.
D.
All provisions and requirements for the grant of a variance under Article XVI of this chapter and the Pennsylvania Municipalities Planning Code shall be strictly followed.
G.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant or landowner.
(3)
That the granting of the variance will not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety or extraordinary public expense, create nuisances, cause fraud
on, or victimize the public, or conflict with any other applicable
state or local ordinances or regulations.
I.
A complete record of all variance requests and related actions shall
be maintained by the Borough. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Emergency Management Agency. Notwithstanding any of the
above, however, all structures shall be designed and constructed so
as to have the capability of resisting the one-hundred-year flood.
All persons shall fully comply with the requirements of the
National Flood Insurance Program floodplain management criteria as
published in the Federal Register effective January 1, 1986, and October
1, 1986.
A.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. This chapter does imply that areas outside
any identified floodplain areas, or that land uses permitted within
such areas, will be free from flooding.
B.
The grant of any permit, variance or approval of any construction,
improvements, subdivision or land development in the Flood Hazard
District does not constitute a representation, guaranty or warranty
of any kind by the Borough or any official, agent or employee thereof,
of the safety or practicability of the proposed use and shall not
create any liability on behalf of the Borough, its officials, agents
or employees.
Unless specifically defined below, the words and phrases used in this article shall have such meaning as prescribed in Article II of this chapter, as amended, and if not so defined, shall be interpreted so as to give this article its most reasonable application.
Any area of the building having its floor below ground level
on all sides.
The Borough of Mount Holly Springs, Cumberland County, Pennsylvania.
A combination of materials to form a structure having walls
and a roof. Included shall be all manufactured homes, mobile homes
and trailers to be used for human habitation.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
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 or mobile homes; streets, and other
paving; utilities; filling, grading and excavation; mining; dredging;
drilling operations; storage or equipment or materials; and the subdivision
of land.
A space which will remain dry during flooding except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
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 designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
Those portions of land within the Floodplain District subject
to inundations by the one-hundred-year flood, beyond the floodway
in areas where detailed study and profiles are available.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing in 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 with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
Any of the following activities.
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
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 construction is in violation of the applicable
non-elevation design requirements of this chapter.
Defined as provided for in Section 59.1 of the final rule
of the Federal Emergency Management Agency.[1]
Defined as provided for in Section 59.1 of the final rule
of the Federal Emergency Management Agency.[2]
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage drain leader, gas
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after March 10, 1980, and includes any subsequent improvements
thereto.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has 1% chance of occurring each year, although
the flood may occur in any year).
The Mount Holly Springs Borough Zoning Ordinance.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is i) built on a single chassis; ii) not
more than 400 square feet, measured at the largest horizontal projections;
iii) designed to be self-propelled or permanently towable by a light-duty
truck; iv) not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
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.
The definition of "start of construction" shall be as provided
in the final rule of the Floodplain Management Criteria.[3]
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, building, sheds, manufactured
homes, and other similar items.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to it's before damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred. The market value shall be determined, in writing,
by a licensed real estate professional.
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.
The market value shall be determined, in writing, by a licensed real
estate professional. This term includes structures which have incurred
"substantial damage" regardless of the actual repair work performed.
The term does not however include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to ensure safe living conditions;
or
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
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 commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC. Any reference to the 2003
IBC or the 2003 IRC in this chapter shall be considered a reference
to the latest version or any successor and/or updated year (usually
triennial) year version of those same codes.
Any natural or man-made channel through which water flows.
