The intent of the regulations set forth in this article is to:
A.
Promote the general welfare, health, 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 nature
drainage.
D.
Reduce financial burdens imposed on the community, its governmental
units and its residents by preventing excessive development in areas
subject to flooding.
The definitions of terms provided herein shall apply to the enforcement and administration of the floodplain management regulations contained within this article. In the event of any conflict between these special definitions and those contained within Article II of this chapter, the definitions within this article shall be applicable for the purpose of floodplain management regulations.
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 having a 1% chance of being equaled or exceeded in
any given year and also referred to as a "100-year flood."
The lowest level or story of a building which has its floor
subgrade (below ground level) on all sides.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and vapor.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging, drilling operations, storage
of equipment or material, and the subdivision of land.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to water.
The Federal Emergency Management Agency.
The temporary inundation of normally dry land.
A study prepared by FEMA for Lansford Borough which includes
an examination, evaluation and determination of flood hazards and,
if appropriate, corresponding water surface elevations.
The most recent map prepared by FEMA which delineates the
special hazard areas and risk premium zones applicable in Lansford
Borough.
The areas specifically identified as being subject to inundation
by the Base Flood and/or the 100-year flood, which is comprised of
a special floodplain area, a general floodplain area, a flood fringe
area and a floodway as delineated in the Flood Insurance Study and
accompanying Flood Insurance Rate Maps.
See "base flood."
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate and/or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the 100-year magnitude.
A margin of safety expressed in feet above the flood elevation
of a 100-year flood.
Any structure that is:
Listed individually in the National Register of Historic Places
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 with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for the parking of vehicles, building access or 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 the structure is in violation of the applicable nonelevation
design requirements contained within this article.
A transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. The term includes park trailers,
travel trailers, recreational and other similar vehicles which are
placed on a site for more than 180 consecutive days.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
Structure for which the start of construction commenced on
or after June 3, 2002, and includes any subsequent improvements thereto.
Any structure or assembly of materials, including fill above
or below the surface of land or water, and any activity which might
impede, retard or change flood flows.
A vehicle which exhibits the following:
Is built upon a single chassis;
Is 400 square feet or less when measured at the largest horizontal
projections;
Is designed to be self-propelled or permanently towable by a
light duty truck;
Is designed primarily not for use as a permanent dwelling but
as temporary living quarters for recreational, camping, travel, or
seasonal use.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damage condition would
equal or exceed 50% or more of the fair market value of the structure
before the damaged occurred.
Any repair, 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"
or the improvement. This term includes structures which have incurred
"substantial damage," regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or municipal health, sanitary or safety code specifications
which are identified by the municipal code enforcement official and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
The provisions of this article supersede any other conflicting
provisions which may be in effect in identified floodplain areas.
However, any other ordinance provisions shall remain in full force
and effect to the extent that those provisions are more restrictive.
If there is any conflict among any of the provisions of this article
and chapter or any other ordinance of Lansford Borough, the more restrictive
shall apply.
Should any section or provision contained within this article
be declared invalid by a court of competent jurisdiction, such decisions
shall not affect the validity of this article as a whole, or any other
part thereof.
A.
The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based upon
acceptable engineering methods of study. Larger floods may occur.
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 the various 100-year flood district(s),
or that land uses permitted within such district(s) will be free from
flooding or flood damages.
B.
The provisions and regulations contained within this article shall
not create liability on the part of Lansford Borough or any officer
or employee thereof for any flood damages that result from reliance
on this article or of any decision lawfully made thereunder.
The various 100-year floodplain districts within a 100-year
floodplain shall include all areas which are subject to inundation
by waters of a 100-year flood. The source of delineating the boundaries
of the various 100-year floodplain districts shall be based upon the
most recent flood insurance study and flood maps as prepared by FEMA.
The various 100-year floodplain districts shall be deemed an overlay
on any existing or hereafter established zones or districts upon Lansford
Borough's Official Zoning Map.
A.
Floodway area. The area identified as the "floodway" in the AE Zone
in the Flood Insurance Study prepared by FEMA. The term shall also
include the floodway areas which have been identified in other available
studies or sources of information for those floodplain areas where
no floodway has been identified in the Flood Insurance Study.
B.
Flood fringe area.
(1)
The remaining portions of the 100-year floodplain in those areas
identified as an AE Zone in the Flood Insurance Study where a floodway
has been delineated.
(2)
The basis for the outermost boundary of this area shall be the
100-year flood elevations as shown in the flood profiles contained
in the Flood Insurance Study.
C.
Special floodplain area. The areas identified as an AE Zone in the
Flood Insurance Study, where one-year flood elevations have been provided,
but where no floodway has been delineated.
D.
General floodplain area.
(1)
The areas identified as Zone A in the Flood Insurance Study
for which no 100-year elevations have been provided. When available,
information from other federal, state, and other acceptable sources
shall be used to determine the 100-year elevation, as well as a floodway
area, if possible. When no other information is available, 100-year
elevation shall be determined by using a point on the boundary of
the identified floodplain areas which is nearest the construction
site in question.
(2)
In lieu of the above, the Borough may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be only undertaken
by professional engineers or others of demonstrated qualifications,
who shall certify the technical methods used correctly reflect currently
acceptable technical concepts. Studies, analyses, computations, etc.,
shall be submitted in sufficient detail to allow a through technical
review by the Borough.
The delineation of a 100-year floodplain as provided for under § 465-1207 may be modified by the Lansford Borough Council, subject to approval of FEMA, where studies and/or information documents the need for such revision. Any change shall be subject to compliance with the following:
A.
The party supplying the required documentation shall be submitted
under the signature of a registered professional engineer who is qualified
to perform hydrologic and hydraulic computations.
B.
The party submitting such documentation shall confirm with FEMA that
the methodology and data contained therein is consistent with that
used in the preparation of the most recent Flood Insurance Study for
Lansford Borough. Said confirmation from FEMA shall be secured in
writing.
C.
All information and documentation provided for under this article
for any proposed modification of the boundaries of a 100-year flood
shall be submitted concurrently to both FEMA and to the Pennsylvania
Department of Community and Economic Development, Strategic Planning
and Operations Office.
D.
Prior to the Lansford Borough Council's approval of any proposed
modifications of the boundaries of a 100-year floodplain, written
approval and concurrence of the subject modification from FEMA shall
be secured.
The Zoning Officer, in the course of reviewing proposed developments,
shall be responsible for determining the applicable boundaries of
a 100-year floodplain. Any party who wishes to dispute or challenge
the determination of the Zoning Officer may appeal such decision to
the Lansford Borough Zoning Hearing Board. The burden of proof shall
be on the appellant.
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 Lansford Borough
or the party proposing such, and until all required permits or approvals
have been first obtained from the Pennsylvania Department of Environmental
Protection, Bureau of Waterways Engineering and Wetlands, and FEMA.
In addition, Pennsylvania Department of Community and Economic Development,
Strategic Planning and Operations Office, shall be notified prior
to any alteration or relocation of any watercourse. Any party proposing
an alteration to a watercourse must provide all necessary documentation
to certify that the flood-carrying capacity within the watercourse
shall be maintained upon completion of the proposed alteration.
A.
Within an identified floodway, no encroachment shall be permitted,
including fill, new construction, substantial improvements, and other
type of development, unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels during the occurrence of a 100-year flood. Such analysis
shall be performed by a registered professional engineer, who is qualified
to perform hydrologic and hydraulic computations. The applicant's
engineer shall be required to:
(1)
Contact the FEMA Regional Office in Philadelphia to confirm
that the proposed methodology and data are consistent with those used
in the preparation of the applicable Flood Insurance Study for Lansford
Borough. Said confirmation from FEMA shall be secured in writing.
(2)
Include with said analysis all necessary information, including
but not necessarily limited to valley cross sections, plan views,
all assumptions and computations, and bridge, culvert, drainage basins
and dam data, if applicable.
(3)
Provide written certification that the proposed encroachment
will not result in any increased flood heights during the occurrence
of a 100-year flood.
B.
The above information shall be submitted to the Zoning Officer, the
Borough Engineer, FEMA and DEP for review and comment. In addition
to receiving a positive review and approval from FEMA, the applicant
shall be required to secure a Water Obstruction Permit from DEP under
Title 25, Chapter 105 of the Pennsylvania Code. No zoning permit shall
be issued until the Zoning Officer finds that all applicable requirements
have been met.
A.
Within any special floodplain area, no new construction or development
shall be allowed unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the elevation of the
100-year flood more than one foot at any point.
B.
Within any special floodplain area or general floodplain area the
following provisions shall apply:
All buildings and structures which represent new construction
and/or substantial improvement shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
and lateral movement. The Zoning Officer shall require the applicant
to submit the written opinion of a registered professional engineer
that the proposed structural design meets this standard prior to the
issuance of a zoning permit.
Prior to the issuance of any building permit, the Code Enforcement
Officer or the person so authorized by Lansford Borough to issue building
permits 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 (1966-537, as amended), the Pennsylvania Dam
Safety Act (1937-394, as amended),[1] the United States Clean Water Act, Section 404, 33 U.S.C.
§ 1344. No building permit shall be issued until such a
determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq. and 32
P.S. § 693.1 et seq, respectively.
Zoning approval of any proposed use, development and/or substantial
improvement, which is located within a 100-year floodplain shall be
conditioned upon strict compliance with all applicable floodproofing
provisions as contained within this article and other applicable codes
and ordinances of Lansford Borough, including but not limited to the
following standards:
A.
Residential. Any new construction or substantial improvement to residential
structures located completely or partially within a 100-year floodplain
shall be designed and constructed to have the lowest floor, including
basement, elevated to not less than 1 1/2 feet above the corresponding
base flood elevation.
B.
Nonresidential. Any new construction or substantial improvement to
nonresidential structures located completely or partially within an
identified 100-year floodplain shall be designed and constructed to
provide:
(1)
The lowest floor, including basement, shall be elevated not
less than 1 1/2 feet above the corresponding base flood elevation;
or
(2)
Any nonresidential structure, or part thereof, having a lowest
floor (including basement) which is not elevated to at least 1 1/2
feet above 100-year flood elevation shall be floodproofed in a completely
or essentially dry manner in accordance with the standards contained
in the publication titled "Floodproofing Regulations" published by
the U.S. Army Corps of Engineers, dated March 31, 1992, or the most
recent revision to said publication. 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 aforementioned standards.
C.
Accessory structures. Accessory structures to a principal building
or use need not to be elevated or floodproofed to remain dry, but
shall comply, at minimum, with the following requirements:
(1)
The structure shall not be designed or used for human habitation
but shall be limited to the parking and storage of vehicles, or for
the storage of tools, material and equipment related to the principal
use or activity.
(2)
The gross floor area shall not exceed 750 square feet.
(3)
The structure shall have a low damage potential.
(4)
The structure shall be located upon the site so as to cause
the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring and outlets shall be not less than 1 1/2
feet above the 100-year flood elevation.
(6)
Permanently affixed utility equipment and appliances, such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation
and movement and shall be designed to automatically provide for the
entry and exit of floodwaters for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must be
certified by either 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 they permit the automatic entry and
exit of floodwaters.
D.
Manufactured homes. Where permitted in accordance with the underlying
zoning districts, all manufactured homes and improvements thereto
which are located completely or partially within an identified 100-year
floodplain shall be governed by the following provisions:
(1)
Placed upon a permanent foundation.
(2)
Elevated so that the lowest floor of the manufactured home is
1 1/2 feet or more above the elevation of the 100-year flood.
(3)
Anchored to resist flotation, collapse or lateral movement.
Within any identified floodway, manufactured homes shall be prohibited.
E.
Use of fill. If fill is to be used to raise the lowest floor of the
structure, including basement, to an elevation of 1 1/2 feet
above the base flood elevation the fill shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points.
(2)
Consist only of soil or small rock materials.
(3)
Be compacted to provide necessary permeability and resistance
to erosion, scouring or settling.
(4)
Be no steeper than one vertical to two horizontal unless substantial
data justifying steeper slopes are submitted to, and approved by,
the Code Enforcement Officer or the person so authorized by Lansford
Borough to issue building permits.
(5)
Be utilized in a manner and extent to which it does not adversely
affect adjacent properties.
F.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater 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.
A.
New and replacement public and private utilities and facilities,
such as sanitary sewers, gas lines, electric systems, telephone systems
and water systems, shall be designed and constructed to minimize or
eliminate flood damages.
B.
Requirements.
(1)
Within any structure the following items shall be either floodproofed
or elevated to be not less than 1 1/2 feet above the base flood
elevation:
(2)
Water supply systems and sanitary sewage systems of structures
shall be designed to prevent the infiltration of floodwaters into
the system and discharges from the system into floodwaters.
(3)
All gas and oil supply systems shall be designed to prevent
the infiltration of floodwaters into the system and discharges from
the system into floodwaters. Additional provisions shall be made for
the drainage of these systems in the event that floodwater infiltration
occurs.
When floodproofing methods are utilized in accordance with § 465-1215 of this article, a registered professional engineer or architect shall certify in writing that the floodproofing methods utilized are adequate to withstand flood depths, pressures, velocities, impact and uplift forces and other factors associated with a 100-year flood. The certification shall also indicate the specific elevation in relation to mean sea level to which such structures are floodproofed. In addition to certification of as-built drawings, a certification by an architect or professional engineer shall be required immediately following the completion of construction or substantial improvements, including completion and filing of an elevation certificate and/or a floodproofing certificate as provided by FEMA. This certification must indicate the mean sea level of the lowest floor and/or, as applicable, the mean sea level to which floodproofing measures have been taken. Such certification is required prior to the issuance of an occupancy permit by the Zoning Officer, Code Enforcement Officer or the person so authorized by Lansford Borough to issue an occupancy permit.
A.
Within an identified 100-year floodplain, any fully enclosed areas
of a structure below the lowest floor shall be limited to unfinished
space limited to the parking of vehicles, building access or storage.
Such enclosed areas, including new construction and substantial improvements,
may be located below the base flood elevation, subject to the following:
(1)
Be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for entry and exit of floodwaters.
(2)
Provide a minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area
subject to flooding.
B.
In addition to the above, the owner of the property shall record
upon the deed of said property a restriction which limits the use
of the fully enclosed areas of a structure below the lowest floor
to the parking of vehicles, building access or storage. A copy with
said restriction shall be provided to the Zoning Officer.
The development of the following uses, including their construction,
expansion, enlargement, and/or substantial improvement, are hereby
prohibited in any area of a designated 100-year floodplain.
A.
Classification. For the purpose of administration, the following
materials and substances are hereby deemed and classified as potential
hazards if located in a 100-year floodplain:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Celluloid.
(6)
Carbon disulfide.
(7)
Chlorine.
(8)
Hydrocyanic acid.
(9)
Hydrochloric acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.)
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides and rodenticides).
(18)
Radioactive substances.
(19)
Polychlorinated Biphenyl (PCB).
(20)
Dioxin.
B.
Prohibited uses. The use of any property for the production of or
requiring the storage or maintenance of any quantities of materials
and substances shall be expressly prohibited anywhere within a 100-year
floodplain.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
A.
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 100-year flood.
B.
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 100-year flood
elevation more than one foot at any point.
C.
Any modification, alteration, reconstruction or improvement of any
kind to any existing structure which equals or exceeds 50% of its
market value shall constitute a substantial improvement and shall
be permitted, subject and conditioned upon full compliance with all
applicable floodproofing provisions of this chapter.
In addition to the criteria contained in § 465-1509 of this chapter, the following additional standards and criteria shall apply for a request for a variance:
A.
No variance shall be issued for any proposed development, use and/or
activity within any designated floodway which would result in any
increase in flood levels during a 100-year flood.
B.
No variance shall be granted for any construction, development, use
or activity within a special floodplain area that would, together
with all other existing and anticipated development, increase the
100-year flood elevation more than one foot at any point.
C.
A variance shall authorize the least reduction and/or modification
necessary to provide relief in consideration of the flood hazard.
D.
A variance shall only be issued upon:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance would result
in an exceptional hardship to the applicant.
(3)
A determination that granting the variance will not result in
a prohibited increase in flood heights, additional threat to public
safety, extraordinary public expense, create nuisances, cause fraud
on, or victimize the public or conflict with any local laws or ordinances.
A.
The Borough shall notify the applicant in writing over the signature
of the Chairman or Secretary of the Zoning Hearing Board that:
(1)
The issuance of a variance to construct a structure below the
base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for each $100 of flood insurance
coverage.
(2)
Such construction below the base flood elevation increases risk
to life and property.
B.
Such notification shall be maintained with a record of all variances
approved and/or considered by the Zoning Hearing Board, including
justification for their issuance or denial. Such information shall
be placed on file with the Secretary to the Zoning Hearing Board and
shall be submitted annually to FEMA and the Lansford Borough Council.
