[HISTORY: Adopted by the Borough Council of the Borough of Evans City as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 70.
Electrical standards — See Ch. 88.
Fire prevention — See Ch. 94.
Plumbing standards — See Ch. 131.
Property maintenance — See Ch. 139.
Zoning — See Ch. 195.
Fees — See Ch. A200.
[Adopted 6-19-1989 as Ord. No. 411 (Art. 1711 of the 1976 Code)]
The intent of this article is to:
A. 
Promote the general health, welfare and safety of the community.
B. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C. 
Minimize danger to public health by protecting water supply and natural drainage.
D. 
Reduce financial burdens imposed on the community, its governmental units and its residents by preventing excessive development in areas subject to flooding.
E. 
Comply with federal and state floodplain management requirements.
A. 
It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken any construction or development anywhere within the municipality unless a building permit has been obtained from the Code Official.
[Amended 8-1-1994 by Ord. No. 456]
B. 
A building permit shall not be required for minor repairs to existing buildings or structures.
This Article supersedes any other conflicting provision 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.
A. 
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural cause, such as ice jams and bridge openings restricted by debris. This Article does not imply that areas outside any identified floodplain area or that land uses permitted within such areas will be free from flooding or flood damages.
B. 
This Article shall not create liability on the part of the municipality or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
Building permits shall be required before any construction or development is undertaken within any area of the borough.
A. 
The Code Official shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
[Amended 8-1-1994 by Ord. No. 456]
B. 
Prior to the issuance of any building permit, the Code Official shall review the application for permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended[1]); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended[2]); the Pennsylvania Clean Steams Act (Act 1937-394, as amended[3]); and the U.S. Clean Water Act, Section 404, 33, U.S.C. 1344. No permit shall be issued until this determination has been made.
[Amended 8-1-1994 by Ord. No. 456]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality and until all required permits or approvals have been first obtained from the Department of Environmental Resources, Bureau of Dams and Waterway Management. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified by the municipality prior to any permit issued for alteration or relocation of any watercourse.
[Amended 8-1-1994 by Ord. No. 456]
A. 
Application for such a building permit shall be made in writing to the Code Official on forms supplied by the borough. Such application shall contain the following:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner of the land on which the proposed construction is to occur.
(3) 
The name and address of the contractor.
(4) 
Site location.
(5) 
A listing of other permits required.
(6) 
A brief description of the proposed work and estimated costs.
(7) 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
B. 
Location within floodplain.
(1) 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Code Official to determine that:
(a) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this article 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; and
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(2) 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Code Official to make the above determination:
(a) 
A completed building 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.
[3] 
All property and lot lines, including dimensions and the size of the site expressed in acres or square feet.
[4] 
The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development.
[5] 
The location of all existing streets, drives and other accessways.
[6] 
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, landfills, dumps, mines, toxic waste sites and other improvements, drawn at suitable scale, showing the following:
[1] 
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;
[2] 
The elevation of the one-hundred-year flood;
[3] 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood; and
[4] 
Detailed information concerning any proposed floodproofing measures.
(d) 
The following data and documentation:
[1] 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
[2] 
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of the floodproofing measures which have been incorporated into the design of the structure and/or the development.
[3] 
Detailed information needed to determine compliance with § 66-23F, Storage, and § 66-24, Development which may endanger human life, including the amount, location and purpose of any dangerous materials or substances which are intended to be used, produced, stored or otherwise maintained on site; and a description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 66-24 during a one-hundred-year flood.
[4] 
The appropriate component of the Department of Environmental Resources' Planning Module for Land Development.
[5] 
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control.
[Amended 8-1-1994 by Ord. No. 456]
A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the applicant to the Butler County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Code Official for possible incorporation into the proposed plan.
[Amended 8-1-1994 by Ord. No. 456]
A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Code Official to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment.
[Amended 8-1-1994 by Ord. No. 456]
After the issuance of a building permit by the Code Official, 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 Code Official. Requests for any change shall be in writing and shall be submitted by the applicant to Code Official for consideration.
[Amended 8-1-1994 by Ord. No. 456]
In addition to the building permit, the Code Official shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit and the date of its issuance and be signed by the Code Official.
[Amended 8-1-1994 by Ord. No. 456]
A. 
Work on the proposed construction and/or development shall begin within six months and shall be completed within 12 months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Code Official. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footings, piers or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings or the installation of sewer, gas and water pipes or electrical or other service lines from the street.
B. 
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Code Official to approve such a request and time required for completion.
[Amended 8-1-1994 by Ord. No. 456]
A. 
During the construction period, the Code Official 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 shall make as many inspections during and upon completion of the work as are necessary.
B. 
In the discharge of his duties, the Code Official shall have the authority to enter any building, structure, premises or development on the identified flood-prone area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this article.
C. 
In the event that the Code Official 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 Code Official shall revoke the building permit and report such fact to the Borough Council for whatever action it considers necessary.
D. 
A record of all such inspections and violations of this article shall be maintained.
[Amended 8-1-1994 by Ord. No. 456]
Applications for a building permit shall be accompanied by a fee, payable to the municipality at the rates set forth in Chapter A200, Fees.
[Amended 8-1-1994 by Ord. No. 456]
A. 
Notices. Whenever the Code Official or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or any regulation adopted pursuant thereto, the Code Official shall give notice of such alleged violation as hereinafter provided. Such notice shall be in writing; include a statement of the reasons for its issuance; allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires, provided, however, that nothing in this section shall require notice of the expiration of any permit issued under the provisions of this article; be served upon the property owner or his agent as the case may require, provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state; and contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.
B. 
Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order or direction of the Code Official or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to borough of not more than $1,000, plus costs of prosecution. In default of such payment, such person shall be imprisoned in the county prison for a period not to exceed 30 days. Each day during which any violation of this article continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation or noncompliance with this article shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the Borough Council to be a public nuisance and abatable as such.
[Amended 8-1-1994 by Ord. No. 456]
A. 
Any person aggrieved by an action or decision of the Code Official concerning the administration of the provisions of this article may appeal to the Code Management and Appeal Board. Such appeal must be filed, in writing, within 30 days after the decision or action of the Code Official.
B. 
Upon receipt of such appeal, the Code Management and Appeal Board shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered shall be given in writing to all parties.
C. 
After such hearing, the Evans City Code Management and Appeal Board shall sustain, modify or withdraw the action or decision. If the Evans City Code Management and Appeal Board sustains or modifies such action or decision, it shall be deemed to be an order.
D. 
Any person aggrieved by any decision of the Code Management and Appeal Board may seek relief therefrom by appeal to court, as provided by the laws of this commonwealth, including the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
The identified floodplain area shall be those areas of the borough which are subject to the one-hundred-year flood, as shown on the Flood Insurance Rate Map (FIRM) which accompanies the Flood Insurance Study (FIS) prepared for the borough by the Federal Emergency Management Agency (FEMA), preliminarily dated June 27, 1988, and to become final April 17, 1989, or the most recent revision thereof.
A. 
The identified floodplain area shall consist of the following two specific areas/districts:
(1) 
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which one-hundred-year-flood elevations have been provided in the FIS.
(2) 
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 one-hundred-year-flood elevations have been provided. For these areas, elevation and floodway information from other federal, state or other acceptable sources shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
B. 
In lieu of the above, the borough may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the borough.
[1]
Editor's Note: The FIA Flood Hazard Boundary Map available for inspection in the borough offices.
The identified floodplain area may be revised or modified by the 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, approval must be obtained from the Federal Insurance Administration (FIA).
[Amended 8-1-1994 by Ord. No. 456]
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the municipality Planning Commission, and any party aggrieved by this decision may appeal to the Code Management and Appeal Board. The burden of proof shall be on the appellant.
A. 
In the identified floodplain area, the development and/or use of any land shall be permitted, provided that the development and/or use complies with the restrictions and requirements of this article and all other applicable codes and ordinances in force in the borough.
B. 
Within any floodway area, no new construction or development shall be permitted that would cause any increase in the one-hundred-year-flood elevation.
C. 
Within any AE Area/District, 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 one-hundred-year flood more than one foot at any point.
D. 
Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
E. 
Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved residential structure shall be one and one-half (1 1/2) feet or more above the one-hundred-year-flood elevation.
F. 
Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved nonresidential structure shall be one and one-half (1 1/2) feet or more above the one-hundred-year-flood elevation or be floodproofed up to that height. Any nonresidential structure or part thereof having a lowest floor (including basement) which is not elevated to at least one and one-half (1 1/2) feet above the one-hundred-year-flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the United States Army Corps of Engineers (June 1972) 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.
G. 
Enclosed areas below the lowest floor (including basement) are prohibited.
Within any AE Area/District, 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 one-hundred-year flood more than one foot at any point.
The following minimum standards shall apply for all construction and development proposed within any identified floodplain area.
A. 
Fill. If fill is used, it shall:
(1) 
Extend laterally at least 15 feet beyond the building line from all points.
(2) 
Consist of permeable soil or small rock materials only. Sanitary landfills shall not be permitted.
(3) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
(4) 
Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to and approved by the Code Official.
[Amended 8-1-1994 by Ord. No. 456]
(5) 
Be used to the extent to which it does not adversely affect adjacent properties.
B. 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C. 
Water and sanitary sewer facilities and systems.
(1) 
All new or replacement water 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 sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it or contamination from it during a flood.
D. 
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. 
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 or explosive or which, in times of flooding, could be injurious to human, animal or plant life and are not listed in § 66-24, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G. 
Placement of building 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 the 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 which 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) 
Paint or 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.) shall be finished with a marine or water-resistant variety.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the one-hundred-year-flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. 
Equipment. Water heaters, furnaces, air-conditioning and ventilating units and other mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
M. 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provision shall be made for the drainage of these systems into approved containers in the event that the floodwater infiltration occurs.
A. 
In accordance with the Pennsylvania Flood Plain Management Act[1] and the regulations adopted by the Department of Community Affairs as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply of more than 165 gallons or other comparable volume of any of the following dangerous materials or substances on the premises or which will involve the production, storage or use of any amount of radioactive substances shall be subject to the provisions of this section in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
Acetone
Ammonia
Benzene
Calcium carbide
Carbon disulfide
Celluloid
Chlorine
Hydrochloric acid
Hydrocyanic acid
Magnesium
Nitric acid and oxides of nitrogen
Petroleum products (gasoline, fuel or lubricating oil, etc.)
Phosphorus
Potassium
Sodium
Sulfur and sulfur products
Pesticides (including insecticides, fungicides and rodenticides)
Radioactive substances, insofar as such substances are not otherwise regulated
Any other material or substance which has been demonstrated to be dangerous to human life
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be:
(1) 
Elevated or designed and constructed to remain completely dry up to at least one and one-half (1 1/2) feet above the one-hundred-year flood.
(2) 
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
C. 
Any such structure or part thereof that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication Flood-Proofing Regulations (United States Army Corps of Engineers, June 1972) or with some other equivalent watertight standard.
D. 
Where permitted within any identified floodplain area, all manufactured homes and additions thereto shall be:
(1) 
Placed on a permanent foundation.
(2) 
Elevated so that the lowest floor of the manufactured home is one and one-half (1 1/2) feet or more above the elevation of the one-hundred-year flood.
(3) 
Anchored to resist flotation, collapse or lateral movement.
In accordance with the administrative regulations promulgated by the Department of Community Affairs to implement the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any identified floodplain area.
A. 
The commencement of any of the following activities or the construction, enlargement or expansion of any structure used or intended to be used for any of the following activities:
(1) 
Hospitals.
(2) 
Nursing homes.
(3) 
Jails or prisons.
B. 
The commencement of or any construction of a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
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 one-hundred-year flood.
B. 
No expansion or enlargement of an existing structure shall be allowed within any AE Area/District that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one foot 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. 
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
If compliance with any of the requirements of this article would result in an exceptional hardship to the applicant, the municipality may, upon request of the applicant, grant relief from the strict application of the requirements.
A. 
Requests for variances shall be considered by the municipality in accordance with the procedures contained in § 66-16 and the following:
(1) 
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.
(2) 
No variance shall be granted for any construction, development, use or activity within any AE Area/District that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one foot at any point.
(3) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(4) 
In granting any variance, the municipality 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.
(5) 
Whenever a variance is granted, the municipality shall notify the applicant in writing that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variances may increase the risks to life and property.
(6) 
In reviewing any request for variance, the municipality shall consider, at a minimum, the following:
(a) 
That there is a good and sufficient cause.
(b) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense, nor create nuisances, cause fraud on or victimize the public or conflict with any other applicable state or local ordinances and regulations.
(7) 
No variance will be granted for any of the requirements of § 66-24A and B, except for possible modification of the one-and-one-half-foot freeboard requirement. No variance will be granted which would allow any of the developments specifically prohibited in § 66-25.
(8) 
A complete record of all variance requests and related actions shall be maintained by the municipality. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
B. 
Notwithstanding any of the above, however, all structures shall be made, designed and constructed so as to have the capability of resisting the one-hundred-year flood.
Unless specifically defined below, words and phrases used in this article shall be interpreted so as to give this article its most reasonable application. As used in this article, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.
BOROUGH OR MUNICIPALITY
Evans City Borough, Butler County, Pennsylvania.
[Amended 8-1-1994 by Ord. No. 456]
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.
DEVELOPMENT
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 or drilling operations and the subdivision of land.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or completed inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the usual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this article, the "floodway" shall be capable of accommodating a flood of the one-hundred-year magnitude.
MANUFACTURED HOME
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.
MANUFACTURED HOME PARK
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.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alterations of, replacement or relocation of any standpipe, water supply, sewer drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring or mechanical or other work affecting public health or general safety.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years, (i.e., that has one-percent chance of occurring each year, although the flood may occur any year).
REGULATORY FLOOD ELEVATION
The one-hundred-year-flood elevation plus a freeboard safety factor of one and one-half (1 1/2) feet.
SPECIAL PERMIT
A special approval which is required for those uses designated in § 66-25, when such development is located in all or a designated portion of a floodplain.
[Amended 8-1-1994 by Ord. No. 456]
STRUCTURE
Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, sheds, manufactured homes and other similar items.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means in 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, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels more than 10 acres, not involving any new street or easement of access or residential dwellings, shall be exempted.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.
[Adopted 10-1-1990 as Ord. No. 421 (Art. 1701 of the 1976 Code); amended in its entirety 8-1-1994 by Ord. No. 456]
The BOCA National Building Code, Twelfth Edition, 1993, as published by the Building Officials and Code Administrators International, Inc., is hereby adopted as the Building Code of the Borough of Evans City, Butler County, Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Building Code are hereby referred to, adopted and made a part hereof as if fully set forth in this article, with the additions, insertions, deletions and changes, if any, set forth in the following sections.
The BOCA National Building Code, Twelfth Edition, 1993, adopted herein is hereby modified by the amendment, enactment or deletion of the following sections as respectively indicated, which modifications are hereby adopted as set forth herein:
A. 
Amend Section 101.1, Title, to read as follows: "These regulations shall be known as the Building Code of the Borough of Evans City, hereinafter referred to as `this code.'"
B. 
Delete Section 107.0, Application for permit; Section 108.0, Permits; and Section 111.0, Conditions of permit. See Article I, Permit Procedures; Floodplain Requirements, of this Chapter 66.
C. 
Amend Section 112.3.1, Fee schedule, to read as follows: "A fee for each plan examination, building permit and inspection shall be paid in accordance with Chapter A200, Fees, of the Code of the Borough of Evans City."
D. 
Amend Section 116.4, Violation penalties, to read as follows: "Any person who shall violate a provision of this code or who shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Code Official or of a permit or certificate issued under the provisions of this code shall be guilty of a summary offense punishable by a fine of not more than $1,000, plus costs of prosecution for each offense, or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense."
E. 
Amend Section 117.2, Unlawful continuance, to read as follows: "Any person who shall continue any work in or about the structure having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $300 nor more than $1,000"
F. 
Delete Section 119.0, Unsafe structures and equipment. See Chapter 70, Buildings, Dangerous, of the Code of the Borough of Evans City.
G. 
Amend Section 121.1, Application for appeal, to be entitled "Appeals procedure" and to read as follows: "Appeals shall be taken as set forth in § 66-16, Appeals, of the Code of the Borough of Evans City."
H. 
Delete Sections 121.2 through 121.7.
I. 
Amend the first sentence of Section 3408.2, Applicability, to read as follows: "Structures existing prior to the effective date of this code in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this section or the provisions of Sections 3403.0 through 3407.0."
Nothing is this article or in the Building Code hereby adopted shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any previously adopted ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.