[Ord. 2020-3, 7/6/2020]
These regulations are designed to prohibit or restrict construction
of any permanent building or structure, or uses and activities in
the special flood hazard area (SFHA), in order to prevent unnecessary
loss of life or property from possible natural catastrophe, as well
as to protect stream valleys from ecologically detrimental development
that may contribute to a water pollution problem, create erosion in
and around watercourses, and induce flooding conditions. In addition,
these provisions are intended to prevent the creation of health and
safety hazards and the extraordinary and unnecessary expenditure of
public funds for flood protection and relief, to minimize future flood
damage, to comply with Federal and State floodplain management requirements,
and to promote the general health, welfare, and safety of the Borough.
[Ord. 2020-3, 7/6/2020]
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 Floodplain Administrator.
[Ord. 2020-3, 7/6/2020]
This Article supersedes 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 between any of the provisions of this Article, the more restrictive
shall apply.
All permitted uses shall be regulated by the provisions of the
underlying zoning district as shown on the Official Zoning Map. Where
there happen to be conflicts between the provisions or requirements
of either the Floodplain District (FP) and the underlying zoning district,
the more restrictive provisions shall apply.
[Ord. 2020-3, 7/6/2020]
If any section, subsection, paragraph, sentence, clause, or
phrase of this Article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the Article,
which shall remain in full force and effect, and for this purpose
the provisions of this Article are hereby declared to be severable.
[Ord. 2020-3, 7/6/2020]
The degree of flood protection sought by the provisions of this
Article is considered reasonable for regulatory purposes and is based
on accepted engineering methods of study. Larger floods may occur
or flood heights may be increased by manmade or natural causes, such
as ice jams and bridge openings restricted by debris. This Article
does not imply that areas outside the Floodplain District (FP) or
that land uses permitted within such areas will be free from flooding
or flood damages.
This Article 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 Article or any administrative decision lawfully
made thereunder.
[Ord. 2020-3, 7/6/2020]
The Zoning Officer is hereby appointed to administer and enforce
this Article and is referred to herein as the Floodplain Administrator.
The Floodplain 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. Administration
of any part of these regulations by another entity shall not relieve
the Borough of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR §59.22.
In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Borough
Manager.
[Ord. 2020-3, 7/6/2020]
A permit shall be required before any construction or development
is undertaken within any area of the Borough.
[Ord. 2020-3, 7/6/2020]
1.
The
Floodplain Administrator shall issue a permit only after it has been
determined that the proposed work to be undertaken will be in conformance
with the requirements of this Chapter and all other applicable codes
and ordinances.
2.
Prior
to the issuance of any permit, the Floodplain Administrator shall
review the application for the permit to determine if all other necessary
government permits required by State and Federal laws have been obtained,
such as those required by the Pennsylvania Sewage Facilities Act (Act
1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); and the U.S. Clean Water Act, Section
404, 33 USC §1344. No permit shall be issued until this determination
has been made.
3.
In the
case of existing structures, prior to the issuance of any permit,
the Floodplain Administrator shall review the proposed cost of improvements
or repairs and the pre-improvement market value of the structure,
so that a substantial improvement/substantial damage determination
can be made, in accordance with FEMA’s Substantial Improvement/Substantial
Damage Desk Reference.
4.
In the
case of existing structures, prior to the issuance of any permit,
the Floodplain Administrator shall review the history of repairs to
the subject building, so that any cumulative substantial damage concerns
can be addressed before the permit is issued.
5.
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.
6.
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.
7.
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 Borough Council for whatever action it considers
necessary.
8.
The
Floodplain Administrator shall maintain in perpetuity, or for the
lifetime of the structure, all records associated with the requirements
of this Article including, but not limited to, finished construction
elevation data, permitting, inspection and enforcement.
9.
The
Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning Borough participation in the
National Flood Insurance Program as requested.
10.
The
responsibility, authority and means to implement the commitments of
the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this Article as the Floodplain Administrator.
11.
The
Floodplain Administrator shall consider the requirements of 34 Pa.
Code and the 2015 IBC and the 2015 IRC, or the latest revision thereof
as adopted by the Commonwealth of Pennsylvania.
[Ord. 2020-3, 7/6/2020]
1.
Application
for such a permit shall be made, in writing, to the Floodplain Administrator
on forms supplied by the Floodplain Administrator. Such application
shall contain the following:
A.
Name
and address of applicant.
B.
Name
and address of owner of land on which proposed construction is to
occur.
C.
Name
and address of contractor.
D.
Site
location including address.
E.
Listing
of other permits required.
F.
Brief
description of proposed work and estimated cost, including a breakout
of flood-related cost and the market value of the building before
the flood damage occurred where appropriate.
G.
A plan
of the site showing the exact size and location of the proposed construction
as well as any existing buildings or structures.
2.
If any
proposed construction or development is located entirely or partially
within the Floodplain District (FP), applicants for permits shall
provide all the necessary information in sufficient detail and clarity
to enable the Floodplain Administrator to determine that:
A.
All
such proposals are consistent with the need to minimize flood damage
and conform with the requirements of this and all other applicable
codes and ordinances;
B.
All
utilities and facilities, such as sewer, gas, electrical and water
systems are located and constructed to minimize or eliminate flood
damage;
C.
Adequate
drainage is provided so as to reduce exposure to flood hazards;
D.
Structures
will be anchored to prevent flotation, collapse, or lateral movement;
E.
Building
materials are flood-resistant;
F.
Appropriate
practices that minimize flood damage have been used; and
G.
Electrical,
heating, ventilation, plumbing, air conditioning equipment, and other
service facilities have been designed and located to prevent water
entry or accumulation.
3.
Applicants
shall file the following minimum information plus any other pertinent
information as may be required by the Floodplain Administrator to
make the above determinations:
A.
A completed
permit application form.
B.
A plan
of the entire site, clearly and legibly drawn at a scale of one inch
being equal to 100 feet or less, showing the following:
(1)
North arrow, scale, and date;
(2)
Topographic contour lines, if available;
(3)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(4)
The location of all existing streets, drives, and other access ways;
and
(5)
The location of any existing bodies of water or watercourses, identified
floodplain areas, and, if available, information pertaining to the
floodway, and the flow of water including direction and velocities.
C.
Plans
of all proposed buildings, structures and other improvements, drawn
at suitable scale showing the following:
(1)
The proposed lowest floor elevation of any proposed building based
upon North American Vertical Datum of 1988;
(2)
The elevation of the base flood;
(3)
Supplemental information as may be necessary under 34 Pa. Code, the
2015 IBC or the 2015 IRC, or the latest revision thereof as adopted
by the Commonwealth of Pennsylvania.
D.
The
following data and documentation:
(1)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(2)
If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a base
flood.
(3)
Documentation, certified by a registered professional engineer or
architect, to show that the effect of any proposed development within
a floodway area (see §14-1817(A) of this Chapter) will not increase
the base flood elevation at any point.
(4)
Documentation, certified by a registered professional engineer or
architect, to show that the cumulative effect of any proposed development
within an AE Area/District without floodway or an A Area (see §§14-1817(B)
and §14-1817(C) of this Chapter) when combined with all other
existing and anticipated development, will not increase the base flood
elevation at any point within the Borough.
(5)
A document, certified by a registered professional engineer or architect,
which states that the proposed construction or development has been
adequately designed to withstand the pressures, velocities, impact
and uplift forces associated with the base flood. Such statement shall
include a description of the type and extent of floodproofing measures
which have been incorporated into the design of the structure and/or
the development.
(6)
Detailed information needed to determine compliance with §14-1823(F) of this Chapter, Storage, and §14-1824 of this Chapter, Development That May Endanger Human Life, including:
(a)
The amount, location and purpose of any materials or substances referred
to in §§14-1823(F) and 14-1824 of this Chapter which are
intended to be used, produced, stored or otherwise maintained on site.
(7)
The appropriate component of the DEP “Planning Module for Land
Development.”
(8)
Where any excavation or grading is proposed, a plan meeting the requirements
of the DEP, to implement and maintain erosion and sedimentation control.
4.
Applications
for permits shall be accompanied by a fee, in accordance with the
current schedule of fees adopted by resolution by Borough Council.
[Ord. 2020-3, 7/6/2020]
A copy of all plans and applications for any proposed construction
or development in the Floodplain District (FP) to be considered for
approval may be submitted by the Floodplain Administrator to any other
appropriate agencies and/or individuals (e.g., Borough Planning Commission,
Borough Engineer, etc.) for review and comment.
[Ord. 2020-3, 7/6/2020]
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. 2020-3, 7/6/2020]
In addition to the permit, the Floodplain 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 Floodplain Administrator.
[Ord. 2020-3, 7/6/2020]
Work on the proposed construction or development shall begin
within 90 days after the date of permit issuance. Work shall also
be completed within 12 months after the date of issuance of the permit
or the permit shall expire unless a time extension is granted, in
writing, by the Floodplain Administrator.
The “actual start of construction” means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a 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.
Time extensions shall be granted only if a written request is
submitted by the applicant, who sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request,
and the original permit is compliant with this Chapter and FIRM/FIS
in effect at the time the extension is granted.
[Ord. 2020-3, 7/6/2020]
This Article shall be enforced in accordance with Article 29,
Violations and Remedies, of this Chapter.
[Ord. 2020-3, 7/6/2020]
1.
Any
person aggrieved by any action or decision of the Floodplain Administrator
concerning the administration of the provisions of this Article may
appeal to the Zoning Hearing Board. Such appeal must be filed, in
writing, within 30 days after the decision, determination or action
of the Floodplain Administrator.
2.
Upon
receipt of such appeal the Zoning Hearing Board shall consider the
appeal in accordance with the MPC and this Chapter.
3.
Any
person aggrieved by any decision of the Zoning Hearing Board may seek
relief therefrom by appeal to the Lebanon County Court of Common Pleas.
[Ord. 2020-3, 7/6/2020]
1.
The
identified floodplain area establishing the boundaries of the Floodplain
District (FP) shall be:
A.
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 July 8, 2020, and issued by FEMA or the most
recent revision thereof, including all digital data developed as part
of the flood insurance study.
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 and identify the boundaries of the Floodplain
District (FP) and overlay zoning district under this Chapter.
[Ord. 2020-3, 7/6/2020]
1.
The
identified floodplain areas which are part of the Floodplain District
(FP) 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 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 Borough 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 DEP
Regional Office.
(3)
Permitted Uses. In the floodway areas, the following uses and activities
are permitted; provided, that (a) the information required in this
Article is submitted as a part of the permit application, (b) they
are in compliance with the provisions of the nearest zoning district,
(c) they will not result in any increase in the level of the base
flood elevation anywhere, (d) they are not prohibited by this or any
other ordinance, (e) they do not require the placement or use of permanent
on-lot sewage facilities within the floodway, and (f) they do not
require encroachments, fill, new construction, manufactured homes,
substantial improvements, vehicles or parts thereof, storage of materials
and equipment, or other development:
(a)
Agricultural uses such as general farming, horticulture, truck gardening,
nurseries, pasturing, grazing, forestry, and sod farming and wild
crop harvesting.
(b)
Public and private recreational uses and activities such as parks;
picnic grounds; areas for short-term camping or recreational vehicle
uses; golf courses; boat launching and swimming areas; hiking, bicycling,
and horseback riding trails; wildlife and nature preserves; game farms;
fish hatcheries; shooting ranges; and hunting and fishing areas. Open
structures such as picnic pavilions, consisting of a slab, open structural
supports such as posts and pillars, and a roof shall be permitted
only if constructed in compliance with the UCC.
(c)
All uses and open structures customarily accessory to permitted uses
in the nearest adjoining district such as yard areas, gardens, or
play areas; signs, unroofed porches, patios, open porches or carports;
provided, that said structures are not enclosed by screening, latticing,
studs, or structural supports less than eight feet apart which would
in any manner restrict the flow of floodwater and debris and are in
compliance with the applicable requirements of the UCC; impervious
parking and loading areas; and airport landing strips. Accessory structures
shall not include manufactured homes, vehicles or parts thereof.
(d)
Utilities, public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants, and other similar or related uses.
(e)
Water-related uses and activities such as marinas, docks, wharves,
piers, etc.
(f)
Extraction of sand, gravel, and other materials.
(g)
Storage of materials and equipment; provided, that they are not buoyant;
toxic to humans, animals, or vegetation; flammable or explosive; and
are not subject to major damage by flooding; or provided, that such
material and equipment is elevated at least two feet above base flood
elevation, is firmly anchored to prevent flotation or movement, and/or
can be readily removed from the area within the time available after
flood warning.
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.
(1)
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.
(2)
AE Area without 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 but no floodway has been determined.
(a)
No encroachments, including fill, new construction, substantial improvements,
or other development shall be permitted in an AE Zone without floodway,
unless it has been demonstrated through hydrologic and hydraulic analysis
performed in accordance with standard engineering practice that the
proposed development, together with all other existing and anticipated
development, would not result in an increase in flood levels within
the entire Borough during the occurrence of the base flood discharge.
(b)
No new construction or development shall be located within the area
measured 100 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the DEP Regional Office.
C.
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. The base flood elevation shall be determined
with hydrologic and hydraulic engineering techniques. Hydrologic and
hydraulic analyses shall be undertaken only by professional engineers
or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the Borough.
(1)
Within any A 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 Borough during the occurrence of the base flood discharge.
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 feet and three feet. In Zones AO and AH, drainage paths shall
be established to guide floodwaters around and away from structures
on slopes.
[Ord. 2020-3, 7/6/2020]
The identified floodplain area may be revised or modified by
the Cornwall Borough 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, the Borough shall notify FEMA of the changes to the special
flood hazard area by submitting technical or scientific data. See
§14-1821(B) of this Chapter for situations where FEMA notification
is required.
[Ord. 2020-3, 7/6/2020]
Should a dispute concerning any boundary of the Floodplain District
(FP) arise, an initial determination shall be made by the Zoning Officer
and any party aggrieved by this decision or determination may appeal
to the Zoning Hearing Board. The burden of proof shall be on the appellant.
[Ord. 2020-3, 7/6/2020]
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
Borough shall review flood hazard data affecting the lands subject
to boundary changes. The Borough shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR §60.3.
[Ord. 2020-3, 7/6/2020]
1.
Alteration
or Relocation of Watercourse.
A.
No
encroachment, alteration, or improvement of any kind shall be made
to any watercourse until all adjacent municipalities which may be
affected by such action have been notified by the Borough, and until
all required permits or approvals have first been obtained from the
DEP Regional Office.
B.
No
encroachment, alteration, or improvement of any kind shall be made
to any watercourse unless it can be shown that the activity will not
reduce or impede the flood carrying capacity of the watercourse in
any way.
C.
In
addition, FEMA and the DCED shall be notified prior to any alteration
or relocation of any watercourse.
2.
When
the Borough proposes to permit the following encroachments:
|
• Any development that causes a rise in the base flood
elevations within the floodway; or
|
|
• Any development occurring in Zones A1-30 and Zone AE
without a designated floodway, which will cause a rise of more than
one foot in the base flood elevation; or
|
|
• Alteration or relocation of a stream (including but not
limited to installing culverts and bridges);
|
the applicant shall, in accordance with 44 CFR Part
65.12:
A.
Apply
to FEMA for conditional approval of such action prior to permitting
the encroachments to occur.
B.
Upon
receipt of the FEMA Administrator’s conditional approval of
map change and prior to approving the proposed encroachments, the
Borough shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the postproject condition.
C.
Upon
completion of the proposed encroachments, the applicant shall provide
as-built certifications. FEMA will initiate a final map revision upon
receipt of such certifications in accordance with 44 CFR Part 67.
3.
All
buildings and structures, including manufactured homes, shall be constructed
and placed on the lot 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 floodwaterfloodwater.
4.
The
following shall not be placed or caused to be placed in any of the
designated SFHA: fences, except two-wire fences, other structures,
or other matter which may impede, retard, or change the direction
of the flow of water, or that will catch or collect debris carried
by such water, or that is placed where the natural flow of the stream
of floodwaters would carry the same downstream to the damage or detriment
of either public or private property adjacent to the floodplain.
5.
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.
6.
The
Borough will endeavor to coordinate its floodplain management program
with neighboring municipalities, particularly when the property(ies)
in question is located near a municipal boundary.
[Ord. 2020-3, 7/6/2020]
1.
Residential
Structures.
A.
In
AE, A1-30, and AH Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated two feet
or more above the base flood elevation.
B.
In
A Zones, where there are no base flood elevations specified on the
FIRM, any new construction or substantial improvement shall have the
lowest floor (including basement) elevated two feet or more above
the base flood elevation as determined in accordance with §14-1817(C)
of this Chapter.
C.
In
AO Zones, any new construction or substantial improvement shall have
the lowest floor (including basement) two feet or more above the depth
number specified on the FIRM.
D.
The
design and construction standards and specifications contained in
the 2015 International Building Code (IBC) and in the 2015 International
Residential Code (IRC), or the latest edition thereof adopted by the
Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401-405 as amended) shall be utilized, where they are more restrictive.
2.
Nonresidential
Structures.
A.
In
AE, A1-30 and AH Zones, any new construction or substantial improvement
of a non-residential structure shall have the lowest floor (including
basement) elevated two feet or more above the base flood elevation,
or be designed and constructed so that the space enclosed below the
regulatory flood elevation:
B.
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 two
feet or more above the base flood elevation as determined in accordance
with §14-1817(C) of this Chapter.
C.
In
AO Zones, any new construction or substantial improvement shall have
their lowest floor elevated or completely floodproofed two feet or
more above the depth number specified on the FIRM.
D.
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. There should be a statement submitted
with the permit application and a statement submitted with the as-built
floodproofing certificate prior to the issuance of the certificate
of occupancy.
E.
Any
nonresidential structure that will be floodproofed must submit the
following to the Floodplain Administrator along with the nonresidential
floodproofing certificate and prior to the issuance of the certificate
of occupancy:
(1)
An inspection and maintenance plan detailing the annual maintenance
of floodproofed components ensuring that all components will operate
properly under flood conditions. Components that must be inspected
include at a minimum:
(2)
A flood emergency operation plan detailing the procedures to be followed
during a flooding event and must include information pertaining to
how all components will operate properly under all conditions, including
power failures. The design professional must produce the plan. An
adequate plan must include the following:
(a)
An established chain of command and responsibility with leadership
responsibilities clearly defined for all aspects of the plan.
(b)
A procedure for notification of necessary parties when flooding threatens
and flood warnings are issued. Personnel required to be at the building
should have a planned and safe means of ingress and should have no
other emergency response duties during a flood event. Alternates should
be assigned in the event that the primary persons responsible are
unable to complete their assigned duties under the plan.
(c)
A list of specific duties assigned to ensure that all responsibilities
are addressed expeditiously. The locations of materials necessary
to properly install all floodproofing components must be included
in the list.
(d)
An evacuation plan for all personnel or occupants; those without
duties for the flood emergency as well as those with duties for implementing
the plan. All possible ingress and egress routes must be identified.
(e)
A periodic training and exercise program to keep personnel and occupants
aware of their duties and responsibilities. Training drills should
be held at least once a year and should be coordinated with Borough
officials.
F.
The
design and construction standards and specifications contained in
the 2015 International Building Code (IBC) and in the 2015 International
Residential Code (IRC), or the latest revision thereof as adopted
by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401-405 as amended) shall be utilized, where they are more restrictive.
3.
Space
Below the Lowest Floor.
A.
Fully
enclosed space below the lowest floor (excluding basements) which
will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term “fully enclosed space” also includes crawl spaces.
B.
Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect, or meet or exceed the following
minimum criteria:
(1)
A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space installed
on two separate walls.
(2)
The bottom of all openings shall be no higher than one foot above
grade.
(3)
Openings may be equipped with screens, louvers, or other coverings
or devices; provided, that they permit the automatic entry and exit
of floodwaters.
4.
Historic
Structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement, as defined in this
Article, must comply with all Article requirements that do not preclude
the structure’s continued designation as a historic structure.
Documentation that a specific Article 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 Article requirements will be the minimum necessary to preserve
the historic character and design of the structure.
[Ord. 2020-3, 7/6/2020]
1.
The
following minimum standards shall apply for all construction and development
proposed within the Floodplain District (FP):
A.
Fill.
Filling or the dumping of fill material is prohibited in the SFHA
on vacant lots or on land not scheduled for approved construction
activities. Fill may only be used in the SFHA to raise the finished
surface of the lowest floor of a structure to an elevation of a minimum
of two feet above the base flood elevation provided the following
conditions are met:
(1)
Fill shall extend beyond a structure for a sufficient distance to
provide acceptable access. For residential structures, fill shall
extend laterally 15 feet beyond the building line from all points.
For nonresidential structures, fill shall be placed to provide access
acceptable for the intended use. At grade access, with fill extending
laterally 15 feet beyond the building line, shall be provided to a
minimum of 25% of the perimeter of a nonresidential structure.
(2)
Fill shall consist of soil or small rock materials only. Sanitary
landfills shall not be permitted.
(3)
Fill material shall be compacted to provide the necessary permeability
and resistance to erosion, scouring, or settling.
(4)
Fill slopes shall be no steeper than one vertical on two horizontal,
unless substantiating data justifying steeper slopes are submitted
to and approved by the Zoning Officer.
(5)
Fill shall be used only to the extent to which it does not adversely
affect adjacent properties.
(6)
Use of fill shall be permitted only when the property owner or applicant
provides a document acceptable by the Zoning Officer, certified by
a registered professional engineer, stating that the cumulative effect
of the proposed fill, in conjunction with the other anticipated development,
will not result in an increase in the water surface elevation of the
base flood elevation at any point.
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 floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site waste disposal system shall be located within
any identified floodplain area. No variance shall be granted.
(4)
The design and construction provisions of the UCC and FEMA No. 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 §14-1824 of this Chapter, Development That 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 floodwater.
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, etc.) used at or below
the regulatory flood elevation shall be finished with a “marine”
or “water-resistant” paint or other finishing material.
L.
Equipment.
(1)
Water heaters, furnaces, air conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall be elevated at or above the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral movement.
(2)
Ductwork shall be elevated to or above the regulatory flood elevation.
M.
Fuel
Supply Systems. All gas and oil supply systems shall be designed to
prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform
Construction Code Coordination. The standards and specifications contained
in 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 supplement the requirements of this Article.
International Building Code (IBC) 2015 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Secs. 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
International Residential Code (IRC) 2015 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Secs. R104,
R105, R109, R322, Appendix E, and Appendix J.
[Ord. 2020-3, 7/6/2020]
1.
Within
the Floodplain District (FP), any structure of the kind described
in subsection A., below, shall be prohibited. No variance shall be
granted.
A.
In
accordance with the Pennsylvania Flood Plain Management Act, and the
regulations adopted by the DCED 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 prohibited. The following list of materials and
substances are considered dangerous to human life:
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Acetone
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Ammonia
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Benzene
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•
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Calcium carbide
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Carbon disulfide
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•
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Celluloid
|
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•
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Chlorine
|
|
•
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Hydrochloric acid
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•
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Hydrocyanic acid
|
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•
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Magnesium
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•
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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.
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[Ord. 2020-3, 7/6/2020]
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in the Floodplain District (FP) 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
(CLOMR) and letter of map revision (LOMR). Submittal requirements
and processing fees shall be the responsibility of the applicant.
[Ord. 2020-3, 7/6/2020]
1.
The
placement or replacement of any manufactured homes in the floodway
areas is prohibited.
2.
Where
permitted within the Floodplain District (FP), all manufactured homes,
and any improvements thereto, shall be:
3.
Equipment
Requirement.
A.
Water
heaters, furnaces, air conditioning and ventilating units, and other
electrical, mechanical or utility equipment or apparatus shall be
elevated to the regulatory flood elevation and shall be anchored to
resist flotation, collapse, and lateral movement.
B.
Ductwork
shall be elevated to or above the regulatory flood elevation.
4.
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 2015 International Residential Code or the U.S.
Department of Housing and Urban Development’s “Permanent
Foundations for Manufactured Housing,” 1984 Edition, draft or
latest revision thereto, and 34 Pa. Code Chapters 401-405 shall apply.
5.
Consideration
shall be given to the installation requirements of the 2015 IBC and
the 2015 IRC or the latest revision thereto as adopted by the Commonwealth
of Pennsylvania, 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 proposed unit(s)
installation.
[Ord. 2020-3, 7/6/2020]
[Ord. 2020-3, 7/6/2020]
1.
In accordance
with the administrative regulations promulgated by the DCED to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within the Floodplain District (FP):
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:
(1)
Hospitals, sanitariums, sanatoriums, clinics, etc., whether public
or private.
(2)
Public or private nursing homes.
(3)
Jails or prisons.
(4)
Public or private schools or institutions of higher education.
(5)
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.
(6)
Any other use, activity, or development not specifically permitted
under the terms of this Article.
[Ord. 2020-3, 7/6/2020]
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 §14-1830 of this Chapter shall apply.
[Ord. 2020-3, 7/6/2020]
1.
The
following provisions shall apply whenever any improvement is made
to an existing structure located within the Floodplain District (FP):
A.
No
expansion or enlargement of an existing structure shall be allowed
within any Floodway Area/District.
B.
No
expansion or enlargement of an existing structure shall be allowed
within AE Area/District without floodway or A Areas that would, together
with all other existing and anticipated development, increase the
BFE at any point.
C.
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.
D.
The
above activity shall also address the requirements of 34 Pa. Code,
as amended, and the 2015 IBC and the 2015 IRC or most recent revision
thereof as adopted by the Commonwealth of Pennsylvania.
E.
Within
any floodway area/district (See §14-1817(A) of this Chapter),
no new construction or development shall be allowed except as permitted
in §14-1817(A)(3) of this Chapter.
F.
Within
any AE Area/District without floodway (See §14-1817(B) of this
Chapter), no new construction or development shall be located within
the area measured 100 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the DEP Regional Office.
G.
Any
modification, alteration, reconstruction, or improvement of any kind
occurring as a result of cumulative substantial damage, as defined
in this Article, shall be undertaken only in full compliance with
the provisions of this Article.
[Ord. 2020-3, 7/6/2020]
If compliance with any of the requirements of this Article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements.
[Ord. 2020-3, 7/6/2020]
1.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in §14-1815 of this Chapter and the following:
A.
No
variance shall be granted for any construction, development, use,
or activity within any floodway area/district that would cause any
increase in the BFE.
B.
No
variance shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway that would,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
D.
If
granted, a variance shall involve only the least modification necessary
to provide relief.
E.
In
granting any variance, the Zoning Hearing Board 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.
G.
In
reviewing any request for a variance, the Zoning Hearing Board shall
consider, at a minimum, the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional hardship
to the applicant.
(3)
That the granting of the variance will:
(4)
The danger of life and property due to increased flood heights or
velocities caused by encroachments.
(5)
The danger that materials may be swept onto other lands or downstream
to the injury of others.
(6)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(7)
The susceptibility of the proposed structure or use and its contents
to flood damage and the effect of such damage on the individual owners.
(8)
The importance of the services provided by the proposed facility
to the Borough.
(9)
The requirements of the facility for a waterfront location.
(10)
The availability of alternative locations not subject to flooding
for the proposed use.
(11)
The compatibility of the proposed use or structure with existing
development and development anticipated in the foreseeable future.
(12)
The relationship of the proposed use or structure to the Comprehensive
Plan and floodplain management programs of the area.
(13)
The safety of access to the property in times of flood by ordinary
and emergency vehicles.
(14)
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwater expected at the site.
(15)
Where appropriate, variances may be granted for the reconstruction,
rehabilitation or restoration of historical structures as defined
herein.
(16)
The granting of a variance shall provide relief only from the specific
term(s) of the floodplain regulations requested, not exemption from
all floodplain regulations, applicable insurance premiums, nor any
State or Federal permitting requirements.
(17)
Variances shall be granted only when and where the applicant demonstrates
compliance with the provisions of the MPC.
(18)
Variances shall be granted only when they are shown to be the minimum
relief necessary, considering the flood hazard.
(19)
Other factors which are relevant to the purpose of this Chapter.
(20)
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.
H.
A complete
record of all variance requests and related actions shall be maintained
by the Zoning Hearing Board. In addition, a report of all variances
granted during the year shall be included in the biennial report to
FEMA.
[Ord. 2020-3, 7/6/2020]
Unless specifically defined below, words and phrases used in
this Article shall be interpreted so as to give this Article its most
reasonable application.
[Ord. 2020-3, 7/6/2020]
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Soils maps prepared by the United States Department of Agriculture,
Soil Conservation Service, which indicate the location of soil types.
Alluvial soils on these maps are soils of floodplains that are sediment
deposits washed from upland areas. The presence of an alluvial soil
indicates that the land has been flooded at some previous point in
time.
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the “100-year flood” or
“1% annual chance flood”).
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the flood insurance rate map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Flood related damages sustained by a structure on two or
more separate occasions during a ten-year period for which the cost
of repairs at the time of each such flood event cumulatively sums
to 50% or more of the market value of the structure before the damages
occurred.
The Department of Community and Economic Development of the
Commonwealth of Pennsylvania or any agency successor thereto.
A form signed by the property owner to agree not to convert
or modify in any manner that is inconsistent with the terms of the
permit and these regulations, certain enclosures below the lowest
floor of elevated buildings and certain accessory structures. The
form requires the owner to record it on the property deed to inform
future owners of the restrictions.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
Any manmade 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 August 5, 1985.
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).
The Federal Emergency Management Agency or any agency successor
thereto.
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 Borough.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the flood insurance rate map,
the flood boundary and floodway map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
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 the 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
This term is an umbrella term that includes all of the areas within the Floodplain District (FP). It will always include the area identified as the special flood hazard area on the flood insurance rate maps and flood insurance study. See §§14-1816 and 14-1817 of this Chapter for the boundaries of the Floodplain District (RP), i.e., the identified floodplain area.
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
nonelevation design requirements of this Article.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For the purposes of this Article, market value shall be determined
utilizing the assessed value established by the Lebanon County Tax
Assessment Office.
The Pennsylvania Municipalities Planning Code, Act of July
1, 1968, P.L. 805, No. 247, as reenacted and as subsequently amended.
Structures for which the start of construction commenced
on or after the effective date of this Article (i.e., July 8, 2020)
and includes any subsequent improvements to such structures. Any construction
started after August 5, 1985, and before the effective date of this
Article subject to the ordinance in effect at the time the permit
was issued, provided the start of construction was within 180 days
of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after August 5, 1985.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
Is a structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the Borough’s
initial flood insurance rate map (FIRM) dated August 5, 1985, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
Is a structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the Borough’s
initial flood insurance rate map (FIRM) dated August 5, 1985, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of two feet. The freeboard safety factor also applies to utilities
and ductwork.
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.
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 90 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 Floodplain Administrator. The “actual start” means
either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a 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.
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, 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 cumulative substantial damage regardless of the actual repair work
performed. The term does not, however, include any project for improvement
of a structure to correct existing violations of State or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the Borough, 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.
A grant of relief by the Zoning Hearing Board from the terms
of a floodplain management regulation.
The failure of a structure or other development to be fully
compliant with the Borough’s floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR §60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
[Ord. 2020-3, 7/6/2020]
This Article shall be effective on July 8, 2020, and shall remain
in force until modified, amended or rescinded by Cornwall Borough,
Lebanon County, Pennsylvania.
