[Ord. 7984, adopted 12-22-2011]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
delegated the responsibility to local governmental units to adopt
flood plain management regulations to promote public health, safety,
and the general welfare of its citizenry.
[Ord. 7984, adopted 12-22-2011]
Requiring all persons, partnerships, businesses, and corporations
to obtain a permit for any construction or development; providing
for the issuance of such permits; setting forth certain minimum requirements
for new construction and development within the areas of the City
of New Castle which are subject to flooding; and establishing penalties
for any persons who fail, or refuse to comply with, the requirements
or provisions of this article.
[Ord. 7984, adopted 12-22-2011]
The intent of this article 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. 7984, adopted 12-22-2011]
(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 City of New Castle 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. 7984, adopted 12-22-2011]
This article supersedes any other conflicting provisions that
may be in effect in identified floodplain areas. However, any other
Article provisions shall remain in full force and effect to the extent
that those provisions are more restrictive. If there is any conflict
between any of the provisions of this article, the more restrictive
shall apply.
[Ord. 7984, adopted 12-22-2011]
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of this article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
[Ord. 7984, adopted 12-22-2011]
(a)
The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This article does not imply
that areas outside any identified floodplain areas, or that land uses
permitted within such areas, will be free from flooding or flood damages.
(b)
This article shall not create liability on the part of the City of
New Castle or any officer or employee thereof for any flood damages
that result from reliance on this article or any administrative decision
lawfully made thereunder.
[Ord. 7984, adopted 12-22-2011]
The Zoning Officer is hereby appointed to administer and enforce
this article and is referred to herein as the Floodplain Administrator.
[Ord. 7984, adopted 12-22-2011]
A permit shall be required before any construction or development
is undertaken within any area of the City.
[Ord. 7984, adopted 12-22-2011]
(a)
The Floodplain Administrator shall issue a Permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); and the U.S. Clean Water Act, Section
404, 33, U.S.C. 1344. No permit shall be issued until this determination
has been made.
(c)
In the case of existing structures, prior to the issuance of any
Development/Permit, the Floodplain Administrator shall review the
history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
(d)
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(e)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(f)
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the Permit
and report such fact to the Mayor for whatever action it considers
necessary.
(g)
The Floodplain Administrator shall maintain all records associated
with the requirements of this article including, but not limited to,
permitting, inspection and enforcement.
(h)
The Floodplain Administrator shall consider the requirements of the
34 PA Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
[Ord. 7984, adopted 12-22-2011]
(a)
Application for such a Permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the City of New Castle. 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 applicable.
(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 floodplain area, applicants for Permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain 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; and
(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.
(7)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and/or
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 Floodplain 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 floodplain 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:
(4)
The following data and documentation:
A.
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation; and
B.
Detailed information concerning any proposed flood proofing
measures and corresponding elevations.
C.
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within a Special Floodplain Area (See Section 1709.19B.) when combined
with all other existing and anticipated development, will not increase
the base flood elevation more than one foot at any point.
D.
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 elevation.
Such statement shall include a description of the type and extent
of flood proofing measures that have been incorporated into the design
of the structure and/or the development.
E.
Detailed information needed to determine compliance with Section 1709.24, Subsection a6, Storage, and Section 1709.25 - Development Which May Endanger Human Life, including:
F.
The appropriate component of the Department of Environmental
Protection 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.
(5)
Applications for Permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the Floodplain Administration.
[Ord. 7984, adopted 12-22-2011]
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Floodplain Administrator to any
other appropriate agencies and/or individuals (e.g. planning commission,
municipal engineer, etc.) for review and comment.
[Ord. 7984, adopted 12-22-2011]
After the issuance of a Permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
[Ord. 7984, adopted 12-22-2011]
In addition to the Permit, the Floodplain Administrator shall
issue a placard that shall be displayed on the premises during the
time construction is in progress. This placard shall show the number
of the Permit the date of its issuance and be signed by the Floodplain
Administrator.
[Ord. 7984, adopted 12-22-2011]
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the Permit or the permit
shall expire unless a time extension is granted, in writing, by the
Floodplain Administrator. Construction and/or development shall be
considered to have started with the preparation of land, land clearing,
grading, filling, excavation of basement, footings, piers, or foundations,
erection of temporary forms, the installation of piling under proposed
subsurface footings, or the installation of sewer, gas and water pipes,
or electrical or other service lines from the street. Time extensions
shall be granted only if a written request is submitted by the applicant,
which sets forth sufficient and reasonable cause for the Floodplain
Administrator to approve such a request.
[Ord. 7984, adopted 12-22-2011]
(a)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be in writing.
(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 agent as the case may
require, provided however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this Commonwealth;
(5)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this article.
[Ord. 7984, adopted 12-22-2011]
(a)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article, may appeal to the Council. Such appeal must be filed, in
writing, within 30 days after the decision, determination or action
of the Floodplain Administrator.
(b)
Upon receipt of such appeal the Council shall set a time and place,
within not less than 10 or not more than 30 days, for the purpose
of considering the appeal. Notice of the time and place at which the
appeal will be considered shall be given to all parties.
(c)
Any person aggrieved by any decision of the Council may seek relief
there from by appeal to court, as provided by the laws of this State
including the Pennsylvania Flood Plain Management Act.
[Ord. 7984, adopted 12-22-2011]
(a)
The identified floodplain area shall be any areas of City, classified
as special flood hazard areas (SFHAs) in the Flood Insurance Study
(FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated
January 18, 2012 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.
(b)
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted and declared to be a part of this
article.
[Ord. 7984, adopted 12-22-2011]
(a)
The identified floodplain area shall consist of the following specific
areas:
(1)
Floodway area.
A.
Description - the area identified as Floodway in the FIS that
represents the channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation by more than one
foot at any point.
(2)
Special floodplain area.
A.
Description - the areas identified as Zones AE and A1-30 in
the FIS which are subject to inundation by the one-percent-annual
chance flood event determined by detailed methods and have base flood
elevations (BFEs) shown.
B.
Special requirements:
1.
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any water course,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
2.
In Special Floodplain Areas without a designated floodway, no
new development shall be permitted unless it can be demonstrated that
the cumulative effect of all past and projected development will not
increase the BFE by more than one foot.
(3)
Approximate floodplain area.
A.
Description - the areas identified as Zone A in the FIS which
are subject to inundation by the one-percent-annual-chance flood event
determined using approximate methodologies. Because detailed hydraulic
analyses have not been performed, no BFEs or flood depths are shown.
B.
Special requirements.
1.
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
2.
When available, information from other Federal, State, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area that is nearest the construction site in
question.
3.
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the City.
(4)
Shallow flooding area.
A.
Description - the areas identified as Zones AO and AH in the
FIS. These areas are subject to inundation by one-percent-annual-chance
shallow flooding where average depths are between one and three feet.
B.
Special requirements - Establish drainage paths to guide floodwaters
around and away from structures on slopes.
[Ord. 7984, adopted 12-22-2011]
The identified floodplain area may be revised or modified by
the Council where studies or information provided by a qualified agency
or person documents the need for such revision. However, prior to
any such change, approval must be obtained from the FEMA. Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify the FEMA
of the changes by submitting technical or scientific data.
[Ord. 7984, adopted 12-22-2011]
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the City of New Castle
Planning Commission and any party aggrieved by this decision or determination
may appeal to the City. The burden of proof shall be on the appellant.
[Ord. 7984, adopted 12-22-2011]
(a)
Alteration or Relocation of water course.
(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 been first 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.
(3)
In addition, the FEMA and Pennsylvania Department of Community
and Economic Development, shall be notified prior to any alteration
or relocation of any watercourse.
(b)
Submit technical or scientific data to FEMA for a Letter of Map Revision
(LOMR) within six months of the completion of any new construction,
development, or other activity resulting in changes in the BFE.
(c)
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this article and any other applicable
codes, ordinances and regulations.
[Ord. 7984, adopted 12-22-2011]
(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 in accordance with Subsection 1709.19(a)(3)B of this article.
(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 most recent revisions thereof and ASCE
24 and 34 PA Code (Chapters 401-405 as amended) shall be utilized.
(b)
Non-residential structures:
(1)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a non-residential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(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 or completely floodproofed up to, or above, the regulatory flood elevation in accordance with Subsection 1709.19(a)(3)B of this article.
(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 non-residential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above referenced standards.
(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 most recent revisions thereof and ASCE
24 and 34 PA Code (Chapters 401-405 as amended) shall be utilized.
(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.
C.
Openings may be equipped with screens, louvers, etc. or other
coverings or devices provided that they permit the automatic entry
and exit of flood waters.
(d)
Accessory structures - structures accessory to a principal building
need not be elevated or flood proofed 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)
The floor area shall not exceed 100 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, 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 flood water 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 flood waters.
[Ord. 7984, adopted 12-22-2011]
(a)
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 used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of storm water runoff in a safe and efficient manner.
The system shall insure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
A.
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of flood waters.
B.
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into flood waters.
C.
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
State and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
D.
The design and construction provisions of the UCC and FEMA #348,
Protecting Building Utilities From Flood Damages and The International
Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be
no more than one foot below the Regulatory Flood Elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in Section 1709.25, Development Which May Endanger Human Life, shall be stored at or above the Regulatory Flood Elevation and/or flood proofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of flood water.
(8)
Anchoring.
A.
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
B.
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
A.
Wood flooring used at or below the Regulatory Flood Elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
B.
Plywood used at or below the regulatory flood elevation shall
be of a "marine or "water-resistant" variety.
C.
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are "water-resistant"
and will withstand inundation.
D.
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other "water-resistant"
material.
(10)
Paints and adhesives:
A.
Paints and other finishes used at or below the regulatory flood
elevation shall be of "marine" or "water-resistant" quality.
B.
Adhesives used at or below the regulatory flood elevation shall
be of a "marine" or "water-resistant" variety.
C.
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a "marine" or "water-resistant" paint or other finishing
material.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the Regulatory Flood Elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of flood waters into the system
and discharges from the system into flood waters. Additional provisions
shall be made for the drainage of these systems in the event that
flood water infiltration occurs.
(14)
Uniform construction coordination. The Standards and Specifications
contained 34 PA Code (Chapters 401-405), as amended and not limited
to the following provisions shall apply to the above and other sections
and subsections of this article, to the extent that they are more
restrictive and/or supplement the requirements of this article.
[Ord. 7984, adopted 12-22-2011]
(a)
In accordance with the Pennsylvania Flood Plain Management Act, 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:
(1)
Will be used for the production or storage of any of the following
dangerous materials or substances; or,
(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 subject to the provisions of this
section, in addition to all other applicable provisions. The following
list of materials and substances are considered dangerous to human
life:
|
Acetone
|
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Ammonia
|
|
Benzene
|
|
Calcium carbide
|
|
Carbon disulfide
|
|
Celluloid
|
|
Chlorine
|
|
Hydrochloric acid
|
|
Hydrocyanic acid
|
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Magnesium
|
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Nitric acid and oxides of nitrogen
|
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Petroleum products (gasoline, fuel oil, etc.)
|
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Phosphorus
|
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Potassium
|
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Sodium
|
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Sulphur and sulphur products
|
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Pesticides (including insecticides, fungicides, and rodenticides)
|
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Radioactive substances, insofar as such substances are not otherwise
regulated
|
(b)
Within any Floodway Area, any structure of the kind described in
Subsection a., above, shall be prohibited.
(c)
Where permitted within any floodplain area, any new or substantially
improved structure of the kind described in Subsection a., above,
shall be:
(d)
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 flood proofing contained in
the publication "Flood-Proofing Regulations (U.S. Army Corps of Engineers,
June 1972 as amended March 1992), or with some other equivalent watertight
standard.
[Ord. 7984, adopted 12-22-2011]
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in flood hazard 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. 7984, adopted 12-22-2011]
(a)
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
(b)
Installation of manufactured homes shall be done in accordance with
the manufacturers installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the 2009 International Residential Building Code
or the U.S. Department of Housing and Urban Development Permanent
Foundations for Manufactured Housing, 1984 Edition, draft or latest
revision thereto shall apply and 34 PA Code Chapter 401-405.
(c)
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 PA Code, as amended where appropriate and/or applicable to
units where the manufacturers standards for anchoring cannot be provided
or were not established for the units(s) proposed installation.
[Ord. 7984, adopted 12-22-2011]
[Ord. 7984, adopted 12-22-2011]
(a)
In accordance with the administrative regulations promulgated by
the Pennsylvania Department of Community and Economic Development
to implement the Pennsylvania Flood Plain Management Act, the following
activities shall be prohibited within any identified floodplain area
unless a Special Permit has been issued by the City of New Castle,
Pennsylvania:
(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. 7984, adopted 12-22-2011]
(a)
Applicants for Special Permits shall provide five copies of the following
items:
(1)
A written request including a completed Permit Application Form.
(2)
A small-scale map showing the vicinity in which the proposed
site is located.
(3)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
A.
North arrow, scale and date;
B.
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
C.
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
D.
The location of all existing streets, drives, other access ways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
E.
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
F.
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation 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; and
H.
Any other information which the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
A.
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
B.
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
C.
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation;
D.
Detailed information concerning any proposed flood proofing
measures;
E.
Cross section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
F.
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades; and
G.
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
A.
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
B.
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood elevation;
C.
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood elevation, including a statement concerning the effects
such pollution may have on human life;
D.
A statement certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation 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 base flood elevation and the effects such materials and debris
may have on base flood elevation 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;
H.
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
I.
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
[Ord. 7984, adopted 12-22-2011]
(a)
Upon receipt of an application for a Special Permit by the City of New Castle the following procedures shall apply in addition to those of Sections 1709.08, 1709.17:
(1)
Within three working days following receipt of the application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the City of New Castle Planning
commission and City of New Castle engineer for review and comment.
(2)
If an application is received that is incomplete, the City of
New Castle shall notify the applicant in writing, stating in what
respect the application is deficient.
(3)
If the City of New Castle decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
(4)
If the City of New Castle 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, by registered or certified mail, within five working
days after the date of approval.
(5)
Before issuing the Special Permit, the City of New Castle 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 decision made by the City of New Castle.
(6)
If the City of New Castle 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 City
of New Castle and the applicant, in writing, of the reasons for the
disapproval, and the City of New Castle shall not issue the Special
Permit.
[Ord. 7984, adopted 12-22-2011]
(a)
In addition to the requirements of Sections 1709.22, 1709.28 of this article, the following minimum requirements shall also apply to any proposed development requiring a Special Permit. If there is any conflict between any of the following requirements and those in Sections 1709.22, 1709.28 of this article or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(b)
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:
(1)
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:
A.
The structure will survive inundation by waters of the base
flood elevation without any lateral movement or damage to either the
structure itself, or to any of its equipment or contents below the
BFE.
B.
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above base flood elevation.
C.
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood elevation.
(2)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(c)
All hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications, who
shall certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computations, etc.
shall be submitted in sufficient detail to allow a thorough technical
review by the City of New Castle and the Pennsylvania Department of
Community and Economic Development.
[Ord. 7984, adopted 12-22-2011]
The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Section 1709.34 shall apply.
[Ord. 7984, adopted 12-22-2011]
(a)
The following provisions shall apply whenever any improvement is
made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be
allowed within any Special Floodplain Area that would, together with
all other existing and anticipated development, increase the BFE more
than one foot at any point.
(3)
Any modification, alteration, reconstruction, or improvement,
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
(4)
The above activity shall also address the requirements of the
34 PA Code, as amended and the 2009 IBC and the 2009 IRC.
[Ord. 7984, adopted 12-22-2011]
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the City of New Castle may, upon request, grant relief
from the strict application of the requirements.
[Ord. 7984, adopted 12-22-2011]
(a)
Requests for variances shall be considered by the City of New Castle
in accordance with the procedures contained in this article and the
following:
(1)
No variance shall be granted for any construction, development,
use, or activity within any floodway area that would cause any increase
in the BFE.
(2)
No variance shall be granted for any construction, development,
use, or activity within any Special Floodplain Area that would, together
with all other existing and anticipated development, increase the
BFE than one foot at any point.
(3)
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Special Permit or to Development Which May Endanger Human Life (Section 1709.25).
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)
In granting any variance, the City of New Castle shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety, and welfare, and to
achieve the objectives of this article.
(7)
(8)
A complete record of all variance requests and related actions
shall be maintained by the City of New Castle. In addition, a report
of all variances granted during the year shall be included in the
annual report to the FEMA.
(b)
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. 7984, adopted 12-22-2011]
(a)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD PROOFING
FLOODPLAIN AREA
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Unless specifically defined below, words and phrases used in this
article shall be interpreted so as to give this article its most reasonable
application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood that has a 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
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.
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.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this article.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles that are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exit way 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 August 15, 1978, and includes any subsequent improvements
thereto.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) plus a freeboard safety factor
of 1 1/2 feet.
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zone A,
AO, A1-A30, AE, A99, or, AH.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the Permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufacture home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development: Provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures that 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 assure 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 State floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
[Ord. 7984, adopted 12-22-2011]
This Ordinance shall be effective on January 18, 2012 and shall
remain in force until modified, amended or rescinded by the City of
New Castle, Pennsylvania.
[Ord. 7984, adopted 12-22-2011]
Any person who fails to comply with any or all of the requirements
or provisions of this article or who fails or refuses to comply with
any notice, order of direction of the Floodplain Administrator or
any other authorized employee of the municipality shall be guilty
of an misdemeanor and upon conviction shall pay a fine to City, 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 article.
The imposition of a fine or penalty for any violation of, or noncompliance
with, this article shall not excuse the violation or noncompliance
or permit it to continue and all such persons shall be required to
correct or remedy such violations and noncompliance within a reasonable
time. Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated, in noncompliance with
this article may be declared by the City Council to be a public nuisance
and abatable as such.
