[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
being 32 P.S. §§ 679.101 to 679.601, delegated the
responsibility to local governmental units to adopt flood plain management
regulations to promote public health, safety, and the general welfare
of its citizenry. Therefore, Borough Council does hereby ordain as
follows.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
The intent of this chapter is to:
(A) Promote the general health, welfare and safety of the community;
(B) Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future;
(C) Minimize danger to public health by protecting water supply and natural
drainage;
(D) Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding; and
(E) Comply with federal and state flood plain management requirements.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the Borough unless a permit has been obtained from
the Flood Plain Administrator.
(B) A permit shall not be required for minor repairs to existing buildings
or structures.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
This chapter supersedes any other conflicting provisions which
may be in effect in identified flood plain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this chapter, the more restrictive
shall apply.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
If any section, division, paragraph, sentence, clause or phrase
of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood heights
may be increased by human-made or natural causes, such as ice jams
and bridge openings restricted by debris. This chapter does not imply
that areas outside any identified flood plain areas, or that land
uses permitted within such areas will be free from flooding or flood
damages.
(B) This chapter shall not create liability on the part of the Borough
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A)
(1)
The Borough Secretary is hereby appointed to administer and
enforce this chapter and is referred to herein as the Flood Plain
Administrator.
(2)
The Flood Plain Administrator may:
(a)
Fulfill the duties and responsibilities set forth in these regulations;
(b)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors and other
employees; or
(c)
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations.
(B) Administration of any part of these regulations by another entity
shall not relieve the community of its responsibilities pursuant to
the participation requirements of the National Flood Insurance Program
as set forth in 44 C.F.R. Part 59.22.
(C) In the absence of a designated Flood Plain Administrator, the Flood
Plain Administrator duties are to be fulfilled by the Mayor.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
A permit shall be required before any construction or development
is undertaken within any area of the Borough.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) The Flood Plain 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.
(B) Prior to the issuance of any permit, the Flood Plain 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 (35 P.S. §§ 750.01 to 750.20, as amended); the
Pennsylvania Dam Safety and Encroachments Act (32 P.S. §§ 693.1
to 693.27, as amended); the Pennsylvania Clean Streams Act (35 P.S.
§§ 691.1 to 691.1001, as amended); and the U.S. Clean
Water Act, § 404, 33 U.S.C. §§ 1344. No permit
shall be issued until this determination has been made.
(C) In the case of existing structures, prior to the issuance of any
development/permit, the Flood Plain Administrator shall review the
history of repairs to the subject building, so that any repetitive
loss concerns can be addressed before the permit is issued.
(D) During the construction period, the Flood Plain 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 or she shall make as many inspections during and upon
completion of the work as are necessary.
(E) In the discharge of his or her duties, the Flood Plain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified flood plain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
(F) In the event the Flood Plain 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 Flood Plain Administrator shall revoke the permit
and report such fact to Borough Council for whatever action it considers
necessary.
(G) The Flood Plain Administrator shall maintain in perpetuity all records
associated with the requirements of this chapter including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
(H) The Flood Plain Administrator is the official responsible for submitting
a biennial report to the FEMA concerning community participation in
the National Flood Insurance Program.
(I) The responsibility, authority and means to implement the commitments
of the Flood Plain Administrator can be delegated from the person
identified. However, the ultimate responsibility lies with the person
identified in the flood plain ordinance as the Flood Plain Administrator/Manager.
(J) The Flood Plain Administrator shall consider the requirements of
the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest edition
thereof adopted by the State of Pennsylvania.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) Application for such a permit shall be made, in writing, to the Flood
Plain Administrator on forms supplied by the Borough. Such application
shall contain the following:
(1)
Name and address of applicant;
(2)
Name and address of owner of land on which proposed construction
is to occur;
(3)
Name and address of contractor;
(4)
Site location including address;
(5)
Listing of other permits required;
(6)
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; and
(7)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(B) If any proposed construction or development is located entirely or
partially within any identified flood plain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Flood Plain Administrator to determine that:
(1)
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;
(2)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(4)
Structures will be anchored to prevent flotation, collapse or
lateral movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used;
and
(7)
Electrical, heating, ventilation, plumbing, air conditioning
equipment and other service facilities have been designed and located
to prevent water entry or accumulation.
(C) Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Flood Plain
Administrator to make the above determination:
(1)
A completed permit application form;
(2)
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)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives and other access
ways; and
(e)
The location of any existing bodies of water or watercourses,
identified flood plain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
(b)
The elevation of the base flood; and
(c)
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC or the latest edition thereof adopted
by the State of Pennsylvania.
(4)
The following data and documentation:
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations;
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood;
(d)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within any identified flood plain area (see § 1420.18) when
combined with all other existing and anticipated development, will
not cause any increase in the base flood elevation. AE Areas adjacent
to floodways are exempt.
(e)
1.
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; and
2.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
(f)
Detailed information needed to determine compliance with § 1420.25(F),
Storage, and § 1420.26, Development Which May Endanger Human
Life, including:
1.
The amount, location and purpose of any materials or substances
referred to in §§ 1420.25(F) and 1420.26 which are
intended to be used, produced, stored or otherwise maintained on site;
and
2.
A description of the safeguards incorporated into the design
of the proposed structure to prevent leaks or spills of the dangerous
materials or substances listed in § 1420.26 during a base
flood.
(g)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development"; and
(h)
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) 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 Flood Plain Administrator.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
A copy of all applications and plans for any proposed construction
or development in any identified flood plain area to be considered
for approval may be submitted by the Flood Plain Administrator to
the County Conservation District for review and comment prior to the
issuance of a permit. The recommendations of the Conservation District
shall be considered by the Flood Plain Administrator for possible
incorporation into the proposed plan.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
A copy of all plans and applications for any proposed construction
or development in any identified flood plain area to be considered
for approval may be submitted by the Flood Plain Administrator to
any other appropriate agencies and/or individuals (such as Planning
Commission, Municipal Engineer, or the like) for review and comment.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
After the issuance of a permit by the Flood Plain 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 Flood
Plain Administrator. Requests for any such change shall be in writing,
and shall be submitted by the applicant to Flood Plain Administrator
for consideration.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
In addition to the permit, the Flood Plain Administrator shall
issue a placard, or similar document, which shall be displayed on
the premises during the time construction is in progress. This placard
shall show the number of the permit, the date of its issuance, and
be signed by the Flood Plain Administrator.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) 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 Flood
Plain Administrator. The issuance of a development permit does not
refer to the zoning approval. The "actual start of construction" means
either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
(B) Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Flood Plain Administrator to approve such a request and the
original permit is compliant with the ordinance and FIRM/FIS in effect
at the time the extension is granted.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) Whenever the Flood Plain Administrator or other authorized municipal
representative determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this chapter,
or of any regulations adopted pursuant thereto, the Flood Plain Administrator
shall give notice of such alleged violation as hereinafter provided.
(B) Such notice shall:
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(4)
Be served upon the property owner or his or her 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; and
(5)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this chapter.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) Any person aggrieved by any action or decision of the Flood Plain
Administrator concerning the administration of the provisions of this
chapter, may appeal to Borough Council. Such appeal must be filed,
in writing, within 30 days after the decision, determination or action
of the Flood Plain Administrator.
(B) Upon receipt of such appeal the Zoning Hearing Board shall consider
the appeal in accordance with the Municipal Planning Code and any
other local ordinance.
(C) Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to court, as provided by the laws
of this state including the Pennsylvania Flood Plain Management Act.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) The identified flood plain area shall be any areas of the Borough,
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated November 18, 2009 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
(B) The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by the Borough and declared to be
a part of this chapter.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
The identified flood plain area shall consist of the following
specific areas.
(A) The Floodway Area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without 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 for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(1)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(2)
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(B) 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. The AE Area adjacent to the floodway
shall be those areas identified as an AE Zone on the FIRM included
in the FIS prepared by FEMA for which base flood elevations have been
provided and a floodway has been delineated.
(C)
(1)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified flood
plain area which is nearest the construction site.
(2)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations
and the like shall be submitted in sufficient detail to allow a thorough
technical review by the municipality.
(D) The AO and AH Area/District shall be those areas identified as Zones
AO and AH on the FIRM and in the FIS. These areas are subject to inundation
by 1% annual-chance shallow flooding where average depths are between
one and three feet. In Zones AO and AH, drainage paths shall be established
to guide floodwaters around and away from structures on slopes.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
The identified flood plain area may be revised or modified by
Council where studies or information provided by a qualified agency
or person documents the need for such revision. However, prior to
any such change to the special flood hazard area, approval must be
obtained from FEMA. Additionally, as soon as practicable, but not
later than six months after the date such information becomes available,
a community shall notify FEMA of the changes to the special flood
hazard area by submitting technical or scientific data. See § 1420.23(B)
for situations where FEMA notification is required.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
Should a dispute concerning any identified flood plain boundary
arise, an initial determination shall be made by the Flood Plain Administrator
and any party aggrieved by this decision or determination may appeal
to Council. The burden of proof shall be on the appellant.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
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 flood plain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 C.F.R. Part 60.3.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) Alteration or relocation of watercourse:
(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 municipality,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection Regional Office;
(2)
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; and
(3)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(B) When the Borough proposes to permit the following encroachments:
(1)
Any development that causes a rise in the base flood elevations
within the floodway;
(2)
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
(3)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges); the applicant shall (as per 44
C.F.R. 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 flood
plain 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 C.F.R. Part
67.
(C) Any new construction, development, uses or activities allowed within
any identified flood plain area shall be undertaken in strict compliance
with the provisions contained in this chapter and any other applicable
codes, ordinances and regulations.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) Residential structures.
(1)
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.
(2)
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 § 1420.19(C)
of this chapter.
(3)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the latest edition thereof adopted by the
State of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 through
405, as amended) shall be utilized, where they are more restrictive.
(B) Nonresidential structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(a)
Is floodproofed so that the structure is watertight with walls
substantially impermeable to the passage of water; and
(b)
Has structural components with the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
(2)
In A Zones, where no base flood elevations are specified on
the FIRM, any new construction or substantial improvement shall have
the lowest floor (including basement) elevated or completely floodproofed
up to, or above, the regulatory flood elevation determined in accordance
with § 1420.19(C) of this chapter.
(3)
In AO Zones, any new construction or substantial improvement
shall have their lowest floor elevated or completely floodproofed
above the highest adjacent grade to at least as high as the depth
number specified on the FIRM.
(4)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled Flood-Proofing Regulations published by the U.S.
Army Corps of Engineers (June 1972, as amended March 1992) or with
some other equivalent standard. All plans and specifications for such
floodproofing shall be accompanied by a statement certified by a registered
professional engineer or architect which states that the proposed
design and methods of construction are in conformance with the above
referenced standards.
(5)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the latest edition thereof adopted by the
State of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 through
405, as amended) shall be utilized, where they are more restrictive.
(C) Space below the lowest floor.
(1)
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.
(2)
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; and
(c)
Openings may be equipped with screens, louvers or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
(D) Historic structures. See § 1420.33 for requirements for
the substantial improvement of any historic structures.
(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:
(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 200 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 flood waters;
(5)
Power lines, wiring and outlets will be elevated to the regulatory
flood elevation;
(6)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers and the like are prohibited;
(7)
Sanitary facilities are prohibited; and
(8)
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect, or meet or exceed the following minimum criteria:
(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; and
(c)
Openings may be equipped with screens, louvers and the like,
or other coverings or devices provided that they permit the automatic
entry and exit of flood waters.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
The following minimum standards shall apply for all construction
and development proposed within any identified flood plain area.
(A) Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points;
(2)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling;
(4)
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by the Flood Plain Administrator; and
(5)
Be used to the extent to which it does not adversely affect
adjacent properties.
(B) 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.
(C) Water and sanitary sewer facilities and systems.
(1)
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.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into flood waters.
(3)
No part of any on-site sewage system shall be located within
any identified flood plain 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.
(4)
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.
(D) 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.
(E) Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(F) 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 § 1420.26, Development Which May
Endanger Human Life, shall be stored at or above the regulatory flood
elevation or floodproofed to the maximum extent possible.
(G) 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.
(H) Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
(2)
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.
(I) Floors, walls and ceilings.
(1)
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.
(2)
Plywood used at or below the regulatory flood elevation shall
be of a "marine" or "water-resistant" variety.
(3)
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.
(4)
Windows, doors and other components at or below the regulatory
flood elevation shall be made of metal or other "water-resistant"
material.
(J) Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory flood
elevation shall be of "marine" or "water-resistant" quality.
(2)
Adhesives used at or below the regulatory flood elevation shall
be of a "marine" or "water-resistant" variety.
(3)
All wooden components (doors, trim, cabinets and the like) used
at or below the regulatory flood elevation shall be finished with
a "marine" or "water-resistant" paint or other finishing material.
(K) Electrical components.
(1)
Electrical distribution panels shall be at least three feet
above the base flood elevation.
(2)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
(L) 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.
(M) 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.
(N) Uniform Construction Code coordination. The standards and specifications
contained 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 divisions of this chapter, to the extent that they are
more restrictive and supplement the requirements of this chapter.
(1)
International Building Code (IBC) 2009 or the latest edition
thereof adopted by the State of Pennsylvania: §§ 801,
1202, 1403, 1603, 1605, 1612, 3402 and Appendix G; and
(2)
International Residential Building Code (IRC) 2009 or the latest
edition thereof adopted by the State of Pennsylvania: §§ R104,
R105, R109, R322, Appendix E and Appendix J.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) In accordance with the Pennsylvania Flood Plain Management Act, and
the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which:
(1)
Will be used for the production or storage of any of the following
dangerous materials or substances;
(2)
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
(3)
Will involve the production, storage, or use of any amount of
radioactive substances shall be prohibited.
(B) The following list of materials and substances are considered dangerous
to human life:
(11)
Nitric acid and oxides of nitrogen;
(12)
Petroleum products (gasoline, fuel oil and the like);
(16)
Sulphur and sulphur products;
(17)
Pesticides (including insecticides, fungicides, and rodenticides);
and
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(C) Within any identified flood plain area, any structure of the kind
described in Division (A), above, shall be prohibited. No variance
shall be granted.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in identified flood plain 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.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
Within any identified flood plain area manufactured homes shall
be prohibited. No variance shall be granted.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
Within any identified flood plain area recreational vehicles
shall be prohibited. No variance shall be granted.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any identified flood plain area:
(A) 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:
(B) The commencement of, or any construction of, a new manufactured home
park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) Existing structures. The provisions of this chapter do not require
any changes or improvements to be made to lawfully existing structures.
However, when an improvement is made to any existing structure, the
provisions of Division (B) below 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 identified flood plain area that would cause any
increase in BFE. In A Area/District(s), BFEs are determined using
the methodology in § 1420.19(C).
(2)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this chapter.
(3)
The above activity shall also address the requirements of the
34 Pa. Code, as amended and the 2009 IBC and the 2009 IRC or most
recent revision thereof adopted by the State of Pennsylvania.
(4)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
(5)
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 chapter.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
(A) General. If compliance with any of the requirements of this chapter
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Borough 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 Borough in accordance with the procedures contained
in § 1420.17 and the following.
(1)
No variance shall be granted within any identified flood plain
area that would cause any increase in BFE. In A Area/District, BFEs
are determined using the methodology in § 1420.19(C).
(2)
No variance shall be granted for prohibited activities (§ 1420.30),
recreational vehicles (§ 1420.29), manufactured homes (§ 1420.28)
or to development which may endanger human life (§ 1420.26).
(3)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)
In granting any variance, the Borough shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety and welfare, and to achieve the
objectives of this chapter.
(5)
Whenever a variance is granted, the Borough shall notify the
applicant in writing that:
(a)
The granting of the variance may result in increased premium
rates for flood insurance; and
(b)
Such variances may increase the risks to life and property.
(6)
In reviewing any request for a variance, the Borough shall consider,
at a minimum, the following:
(a)
That there is good and sufficient cause;
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant; and
(c)
That the granting of the variance will:
1.
Neither result in an unacceptable or prohibited increase in
flood heights, additional threats to public safety or extraordinary
public expense;
2.
Nor create nuisances, cause fraud on, or victimize the public,
or conflict with any other applicable state or local ordinances and
regulations.
(7)
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 FEMA.
(C) 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. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood" or "1% annual
chance flood").
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
BASE FLOOD ELEVATION (BFE)
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.
BASEMENT
Any area of the building having its floor below ground level
on all sides.
BUILDING
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
DEVELOPMENT
Any human-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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the flood plain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
FLOOD PLAIN AREA
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURES
Any structure that is:
(A)
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(B)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
(C)
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
(D)
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
IDENTIFIED FLOODPLAIN AREA
This term is an umbrella term that includes all of the areas
within which the community has selected to enforce flood plain regulations.
It will always include the area identified as the Special Flood Hazard
Area on the Flood Insurance Rate Maps and Flood Insurance Study, but
may include additional areas identified by the community. See §§ 1420.18
and 1420.19 for the specifics on what areas the community has included
in the identified flood plain area.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood resistant partially enclosed area,
used solely for parking of vehicles, building access and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent or similar piping, electric wiring, mechanical or
other work affecting public health or general safety.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after September 1, 2012 and includes any subsequent improvements
to such structures. Any construction started after February 14, 1976
and before September 1, 2012 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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of flood plain management regulations adopted by a community.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred on or after the community's initial Flood Insurance
Rate Map (FIRM) dated February 14, 1976, and, as such, would be required
to be compliant with the regulations of the National Flood Insurance
Program.
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred before the community's initial Flood Insurance Rate
Map (FIRM) dated February 14, 1976, and, as such, would not be required
to be compliant with the regulations of the National Flood Insurance
Program.
RECREATIONAL VEHICLE
A vehicle which is:
(A)
Built on a single chassis;
(B)
Not more than 400 square feet, measured at the largest horizontal
projections;
(C)
Designed to be self-propelled or permanently towable by a light-duty
truck; and
(D)
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
REPETITIVE LOSS
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.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the flood plain 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.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Flood Plain Administrator. The "actual start" means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
SUBDIVISION
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.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT
(A)
Any reconstruction, rehabilitation, addition or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or 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.
(B)
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this chapter,
must comply with all ordinance requirements that do not preclude the
structure's continued designation as a historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state flood plain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
VARIANCE
A grant of relief by a community from the terms of a flood
plain management regulation.
VIOLATION
The failure of a structure or other development to be fully
compliant with the community's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 C.F.R. Parts 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.
[Ord. 762, passed 8-6-2012; Ord. 786, passed 9-14-2015]
Any person who fails to comply with any or all of the requirements
or provisions of this chapter or who fails or refuses to comply with
any notice, order of direction of the Flood Plain Administrator or
any other authorized employee of the municipality shall be guilty
of a misdemeanor and upon conviction shall pay a fine to the Borough,
of not less than $25 nor more than $600 plus costs of prosecution.
In addition to the above penalties all other actions are hereby reserved
including an action in equity for the proper enforcement of this chapter.
The imposition of a fine or penalty for any violation of, or noncompliance
with this chapter shall not excuse the violation or noncompliance
or permit it to continue. All such persons shall be required to correct
or remedy such violations and noncompliance within a reasonable time.
Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated, in noncompliance with
this chapter may be declared by the Borough Council to be a public
nuisance and abatable as such.