[Added 7-10-2017 by Ord.
No. 17-02[1]]
[1]
Editor’s Note: This ordinance also repealed former Article
XIII, Flood Hazard Area (FH), as amended.
A.
The Legislature of the Commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, pursuant
to the above authority and the authority granted by the Pennsylvania
Municipalities Planning Code,[2] the Board of Supervisors (the "Board") of Birmingham Township
(the "Township") does hereby adopt the following regulations.
A.
Intent. The intent of this article is to:
(1)
Promote the general health, welfare, and safety of the community.
(2)
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting the water supply and
natural drainage.
(4)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(5)
Comply with federal and state floodplain management requirements.
B.
Applicability. 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 identified floodplain
area of Birmingham Township unless a permit has been obtained from
the floodplain administrator.
C.
Warning and disclaimer of liability.
(1)
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 man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This article does not imply
that areas outside any identified floodplain areas, or that land uses
permitted within such areas, will be free from flooding or flood damages.
(2)
This article shall not create liability on the part of the Township,
or any officer or employee thereof, for any flood damages that result
from reliance on this article or any administrative decision lawfully
made thereunder.
A.
Designation of the floodplain administrator.
(1)
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 community 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.
(2)
In the absence of a designated floodplain administrator, the floodplain
administrator duties are to be fulfilled by the Township Engineer.
B.
Permits required. A permit shall be required before any construction
or development is undertaken within any identified floodplain area
of the Township.
C.
Duties and responsibilities of the floodplain administrator.
(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 article 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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, Section 404, 33
U.S.C. § 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
development/permit, the floodplain administrator shall review the
proposed cost of improvements or repairs, and the preimprovement 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)
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.
(5)
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.
(6)
In the event the floodplain administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the floodplain administrator shall revoke the permit
and report such fact to the Board for whatever action it considers
necessary.
(7)
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.
(8)
The floodplain administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program, as requested.
(9)
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/manager.
(10)
The floodplain administrator shall consider the requirements
of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania.
D.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to the floodplain
administrator on forms supplied by the Township. Such application
shall contain the following:
(a)
Name and address of the applicant.
(b)
Name and address of the owner of the land on which the proposed
construction is to occur.
(c)
Name and address of the 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 costs 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 any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the floodplain administrator to determine that:
(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;
(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 determination:
(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 subdivisions and developments;
[4]
The location of all existing streets, drives, and other accessways;
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 the 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 2009 IBC or the 2009 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 cumulative effect of any proposed development
within any identified floodplain area, when combined with all other
existing and anticipated development, will not cause any increase
in the base flood elevation.
[4]
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.
[5]
Detailed information needed to determine compliance with the
provisions regarding storage, and development which may endanger human
life, including:
[a]
The amount, location and purpose of any materials
or substances referred to in sections addressing storage of dangerous
materials which are intended to be used, produced, stored or otherwise
maintained on site.
[b]
A description of the safeguards incorporated into
the design of the proposed structure to prevent leaks or spills of
the dangerous materials or substances during a base flood.
[6]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[7]
Where any excavation or grading is proposed, a plan, meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
(4)
Applications for permits shall be accompanied by a fee, payable to
the municipality, based upon the estimated cost of the proposed construction
as determined by the floodplain administrator or as otherwise established
by fee resolutions.
E.
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval may be submitted by
the floodplain administrator to the County Conservation District for
review and comment prior to the issuance of a permit.
F.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval shall be submitted by the floodplain
administrator to any other appropriate agencies and/or individuals
having jurisdiction for review and comment.
G.
Changes. 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 the floodplain administrator
for consideration.
H.
Placards. 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 and the date of its issuance
and be signed by the floodplain administrator.
I.
Start of construction.
(1)
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. 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 issuance
of a development permit does not refer to the zoning approval.
(2)
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.
(3)
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 the ordinance and FIRM/FIS in effect at the
time the extension is granted.
K.
Appeals.
(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.
A.
Identification.
(1)
The identified floodplain area shall be:
(a)
Any areas of the Township classified as special flood hazard
Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued
by the Federal Emergency Management Agency (FEMA), or the most-recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study.
(2)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Township and declared to
be a part of this article.
B.
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(1)
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.
(a)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
Within any floodway area, no new construction or development
shall be allowed unless the appropriate permit is obtained from the
Department of Environmental Protection's regional office.
(2)
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.
(a)
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.
(b)
The 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.
[1]
No permit shall be granted within any AE zone without floodway,
and 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
development, together with all other existing and anticipated development,
would not result in an increase in flood levels of more than one foot
within the entire community during the occurrence of the base flood
discharge.
[2]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection's regional office.
(3)
The A area/district shall be those areas identified as an A zone
on the FIRM included in the FIS prepared by FEMA and for which no
base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
(4)
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 one-percent-annual-chance shallow flooding where average depths
are between one and three feet. In zones AO and AH, drainage paths
shall be established to guide floodwaters around and away from structures
on slopes.
(5)
In the absence of an identified floodplain area as delineated by FEMA or in the case where certain areas were not included within the scope of the FIS, the identified floodplain area, at a minimum, shall include a presumption that land adjoining any watercourse as defined by the Pennsylvania Department of Environmental Protection's Chapter 105 regulations and/or as shown on the most-recent United States Geological Survey quadrangle, or that land adjoining any ponds or lakes with an area of one acre or more, where said land is within 50 feet of the banks thereof, is within the identified floodplain area. The applicant shall have the right to rebut this presumption by submission of a site-specific flood study using generally accepted methodology to demonstrate that the calculated floodplain adjacent to such watercourse is narrower than the fifty-foot presumption.
(6)
In lieu of the above various methods and studies, the Township 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 Township in order to assist
in properly identifying the proper floodplain designation based upon
elevation. In the absence of any of the above data or documentation,
the Township may require the elevation of the lowest floor to be at
least three feet above the highest adjacent grade.
C.
Changes in identification of area. The identified floodplain area
may be revised or modified by the Board 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 Township shall notify FEMA of the changes to
the special flood hazard area by submitting technical or scientific
data.
D.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the floodplain
administrator, with review and input from the Township Engineer. Any
party aggrieved by this decision or determination may appeal to the
Zoning Hearing Board. The burden of proof shall be on the appellant.
E.
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the Township shall review flood hazard data affecting
the lands subject to boundary changes. The Township 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.
A.
General.
(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 municipality
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection's 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 Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(2)
When the Township 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 (as per 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 the map change and prior to approving the proposed encroachments,
a community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project 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)
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.
(4)
Uses permitted by right.
(a)
The following uses shall be permitted within the identified
floodplain area to the extent that they are not prohibited by any
other ordinance or provision of this chapter, and provided that they
do not require structure, fill or storage of materials or equipment:
[1]
Agricultural uses, such as general farming, pasture, orchard,
grazing, outdoor plant nurseries, truck farming, forestry and wild-crop
harvesting.
[2]
Recreation uses, such as park, camp, picnic ground, golf course,
archery and shooting ranges, hiking and riding trails, hunting and
fishing areas, game farm, fish hatchery, wildlife sanctuary, nature
preserve, arboretum, swimming area and boat launching sites.
[3]
Yard area of a lot, provided that the remaining area of the lot (outside of the identified floodplain area) is not less than 2/3 of the applicable minimum lot area requirement and that no structure is placed closer than 25 feet from any identified floodplain area boundary or located in an area having an elevation (before any grading takes place on the lot) less than two feet above the water surface elevation projected to occur within the identified floodplain area during a one-hundred-year storm (whichever is less restrictive); and an open space area within any cluster development under Article XVI or planned residential development under Article XIV, provided that the remaining area of such open space (outside the identified floodplain area) is not less than 2/3 of the applicable minimum open space requirement.
[4]
Permeable parking areas and roads to serve other permitted uses
in the identified floodplain area or where required by the regulation
for any contiguous district.
(5)
Uses permitted by special exception.
(a)
Any of the following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board, subject to the standards of Article XXI of this chapter, and the specific standards below in this subsection.
[1]
Nonstructural accessory uses customarily incidental to any of
the foregoing permitted uses.
[2]
Circuses, festivals and similar transient amusement enterprises.
[3]
Extraction of sand and gravel.
[4]
Boat rentals, docks and piers.
[5]
Railroads, roads, bridges and utility transmission lines.
[6]
Sealed water supply wells and water pipelines.
[7]
Storm sewer outlets.
[8]
Storage yards for equipment, machinery or materials.
[9]
Grading or fill, provided that the effect is not to alter substantially
the cross-sectional profile of the stream basin at the point of the
proposed use or cause a rise in the flood heights in the floodway.
[10]
Dams, culverts, bridges and impoundment basins
where approved by appropriate public agencies.
(b)
In determining any application hereunder, the Zoning Hearing
Board shall consider the recommendations of the Board of Supervisors,
the Township Planning Commission and the Township Engineer and shall
consider the extent to which the requested uses will increase the
elevation of flood stages, contribute to groundwater pollution and
cause erosion during and after construction.
B.
Elevation and floodproofing requirements. Within any identified floodplain
area, any new construction or substantial improvements shall be prohibited
unless otherwise provided for, and allowed for, within this article.
If a use is permitted by right, by special exception or by variance,
the following provisions apply:
(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
up to, or above, the regulatory 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 up to, or above,
the regulatory flood elevation determined in accordance with this
article.
(c)
In AO zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(d)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the latest edition thereof adopted by the
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 nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(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
up to, or above, the regulatory flood elevation determined in accordance
with this article.
(c)
In AO zones, any new construction or substantial improvement
shall have its lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as 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
United States 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 which 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 on 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 community officials.
(f)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the latest 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 ordinance requirements that do not preclude
the structure's continued designation as an historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
(5)
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry but shall comply,
at a minimum, with the following requirements:
(a)
The structure shall not be designed or used for human habitation
but shall be limited to the parking of vehicles or to the storage
of tools, material, and equipment related to the principal use or
activity.
(b)
The floor area shall not exceed 200 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(f)
Permanently affixed utility equipment and appliances, such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect, or meet or exceed the following minimum criteria:
[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.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(i)
For accessory structures that exceed 200 square feet in floor
area and that are below the base flood elevation, a variance is required.
If a variance is granted, a signed declaration of land restriction
(nonconversion agreement) shall be recorded on the property deed prior
to issuance of the certificate of occupancy.
(j)
Prohibit the storage of hazardous materials in accessory structures.
C.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Fill. Within any identified floodplain area, the use of fill shall
be prohibited except by special exception approval. If a special exception
is obtained in accordance with required criteria, then the following
additional provisions apply. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(d)
Be no steeper than one vertical to two horizontal feet, unless
substantiated data justifying steeper slopes are submitted to, and
approved by, the floodplain administrator; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of 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.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site waste disposal system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities From Flood Damages," and "The
International Private Sewage Disposal Code" shall be utilized.
(4)
Other utilities. All other utilities, such as gaslines and electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 122-61D, entitled "Development which may endanger human life," shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of a marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
(12)
Equipment.
(a)
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral movement.
(b)
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
(13)
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.
(14)
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:
(a)
International Building Code (IBC) 2009, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Sections 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b)
International Residential Building Code (IRC) 2009, or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania: Sections
R104, R105, R109, R322, Appendix E, and Appendix J.
D.
Development which may endanger human life. Within any identified
floodplain area, any structure of the kind described below shall be
prohibited.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community
and Economic Development 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 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 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:
(a)
Acetone;
(b)
Ammonia;
(c)
Benzene;
(d)
Calcium carbide;
(e)
Carbon disulfide;
(f)
Celluloid;
(g)
Chlorine;
(h)
Hydrochloric acid;
(i)
Hydrocyanic acid;
(j)
Magnesium;
(k)
Nitric acid and oxides of nitrogen;
(l)
Petroleum products (gasoline, fuel oil, etc.);
(m)
Phosphorus;
(n)
Potassium;
(o)
Sodium;
(p)
Sulphur and sulphur products;
(q)
Pesticides (including insecticides, fungicides, and rodenticides);
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
E.
Special requirements for subdivisions and development. All subdivision
proposals and development proposals containing at least 50 lots or
at least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available, shall be
supported by hydrologic and hydraulic engineering analyses that determine
base flood elevations and floodway information. The analyses shall
be prepared by a licensed professional engineer in a format required
by FEMA for a conditional letter of map revision (CLOMR) and a letter
of map revision (LOMR). Submittal requirements and processing fees
shall be the responsibility of the applicant.
F.
Special requirements for manufactured homes.
(1)
Within any identified floodplain area, manufactured homes shall be
prohibited. If a variance is obtained in accordance with required
criteria, then the following additional provisions apply:
(a)
Where permitted by variance within any identified floodplain
area, all manufactured homes, and any improvements thereto, shall
be:
(b)
Equipment requirement:
[1]
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral improvement.
[2]
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
(c)
Installation of manufactured homes shall be done in accordance
with the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 "International Residential
Building Code" or the "U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto, and 34 Pa. Code, Chapters 401-405, shall
apply.
(d)
Consideration shall be given to the installation requirements
of the 2009 IBC and the 2009 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 manufacturer's
standards for anchoring cannot be provided or were not established
for the proposed unit's(s') installation.
G.
Special requirements for recreational vehicles. Within any identified
floodplain area, recreational vehicles shall be prohibited. If a variance
is obtained in accordance with the required criteria, then the following
additional provisions apply:
A.
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any
identified floodplain area:
(2)
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.
A.
Existing structures. 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
following provisions regarding such improvements shall apply.
B.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be
allowed within any identified floodplain area that would cause any
increase in BFE. In A area/district(s), BFEs are determined using
the methodology in this article.
(2)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure to an extent or amount of 50%
or more of its market value shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
(3)
The above activity shall also address the requirements of 34
Pa. Code, as amended, and the 2009 IBC and the 2009 IRC, or most-recent
revision thereof as adopted by the Commonwealth of Pennsylvania.
(4)
Within any floodway area/district, no new construction or development
shall be allowed unless the appropriate permit is obtained from the
Department of Environmental Protection's regional office.
(5)
Within any AE area/district without floodway, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless the appropriate permit
is obtained from the Department of Environmental Protection's regional
office.
A.
General. 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.
B.
Variance procedures and conditions.
(1)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Article XXI of this chapter and the following:
(a)
No variance shall be granted within any identified floodplain
area that would cause any increase in BFE. In an A Area/District,
BFEs are determined using the methodology provided for within this
article.
(b)
(c)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(d)
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.
(f)
(g)
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
annual report to FEMA.
(2)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
A.
General. Unless specifically defined below, words and phrases used
in this article shall be interpreted so as to give this article its
most reasonable application.
B.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions. As used in this article, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-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, and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent 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.
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.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the 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).
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 hazard and the
risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
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 an 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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
This term is an umbrella term that includes all of the areas
within which the Township has selected to enforce floodplain regulations.
It will always include the area identified as the special flood hazard
area on the Flood Insurance Rate Maps and Flood Insurance Study but
may include additional areas identified by the Township.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for the parking of vehicles, building access, 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.
Structures for which the start of construction commenced
on or after September 29, 2017, and includes any subsequent improvements
to such structures. Any construction started after April 15, 1981,
and before September 29, 2017, is subject to the ordinance in effect
at the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the Township's initial
Flood Insurance Rate Map (FIRM) dated April 15, 1981, whichever is
later, and, as such, would be required to be compliant with the regulations
of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the Township's
initial Flood Insurance Rate Map (FIRM) dated April 15, 1981, 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 1 1/2 feet. The freeboard safety factor also applies to utilities
and ductwork.
An area in the floodplain subject to a one-percent 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 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit, unless a time extension is granted, in
writing, by the 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, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred 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 municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable to state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's 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.
