The landowner, person and/or entity performing
any earth disturbance shall utilize sufficient measures to prevent
soil erosion and sedimentation of creeks.
A.
The disturbed land area and the duration of exposure
shall be kept to a practical minimum.
B.
Except for agricultural activities, any earth disturbance
over 5,000 square feet of land area shall require the submission of
an adequate erosion and sedimentation control plan to the Lancaster
County Conservation District.
C.
See state erosion control regulations (Note: as of
2001, in 25 Pa. Code Chapter 102).
A.
No landowner, tenant nor lessee shall use or allow
to be used any land or structures in a way that results or threatens
to result in any of the following conditions:
(1)
Transmission of communicable disease, including conditions
that may encourage the breeding of insects or rodents.
(2)
A physical hazard to the public or a physical hazard
that could be an attractive nuisance that would be accessible by children.
(3)
Pollution to groundwaters or surface waters, other
than as authorized by a state or federal permit.
(4)
Risks to public health and safety, such as but not
limited to explosion, fire or biological hazards.
(5)
Interference with the reasonable use and enjoyment
of property by a neighboring landowner of ordinary sensitivities.
B.
Additional information. If the Zoning Officer has
reason to believe that the proposed use may have difficulty complying
with the standards of this article, then the Zoning Officer may require
an applicant to provide written descriptions of proposed machinery,
hazardous substances, operations and safeguards.
The Zoning Officer may require an applicant
to prove that a suspect area proposed for alteration does or does
not meet the state or federal definition of a "wetland."
[Amended 4-26-2005 by Ord. No. 2005-4; 1-27-2009 by Ord. No. 2009-1; 3-22-2016 by Ord. No. 2016-01]
A.
Purpose and authorization.
(1)
This section serves the following major purposes:
(a)
Promote the general health, welfare, and safety of the Borough.
(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 Borough and its residents
by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
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. The Borough has
enacted this section in accordance with the Flood Plain Management
Act, the Borough Code, and the MPC.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Floodplain applicability and administration.
(1)
The regulations of this section shall apply throughout the entire
Borough as overlay zoning regulations that supplement the zoning district
regulations. Where the regulations of this section differ from the
regulations of any other section of this chapter, the provision that
is more restrictive on development shall apply.
(a)
The inclusion of construction and floodproofing standards in
this section shall not be interpreted to allow any structure or construction
that is not expressly authorized by this section. If the Zoning Hearing
Board grants a variance to allow a structure or construction not authorized
by this section, such structure or construction shall comply with
all construction and floodproofing standards in this section unless
the Zoning Hearing Board also grants a variance from a specific construction
or floodproofing standard.
(2)
In addition to § 380-18, Liability, the following applies to all actions of the Borough and its officers and employees under this section. The degree of flood protection sought by the provisions of this chapter 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 chapter 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. This chapter shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(3)
This section supersedes any other conflicting provisions which may
be in effect in identified floodplain areas. However, any other ordinance
provisions shall remain in full force and effect to the extent that
those provisions are more restrictive. If there is any conflict between
any of the provisions of this chapter and provisions of other ordinances,
the more restrictive shall apply.
(4)
The Zoning Officer is hereby appointed to administer and enforce
this section and for all purposes shall be considered and may sometimes
be referred to as the Floodplain Administrator. The Floodplain Administrator
may fulfill the duties and responsibilities set forth in these regulations,
delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees, or enter into a written agreement or written contract
with another agency or private sector entity to administer specific
provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the Borough of its
responsibilities pursuant to the participation requirements of the
National Flood Insurance Program as set forth in the Code of Federal
Regulations at 44 CFR 59.22. In addition to the powers and duties
generally set forth in this chapter, when serving as Floodplain Administrator,
the Zoning Officer shall have the following powers and duties:
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] 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. In the case of existing structures, prior to the issuance
of any permit the Floodplain Administrator shall also review the history
of repairs to the subject building so that any repetitive loss concerns
can be addressed before the permit is issued.
(c)
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 Borough ordinances.
He/she shall make as many inspections during and upon completion of
the work as are necessary.
(d)
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 section.
(e)
In the event that the Floodplain Administrator discovers that
the work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to Borough Council for whatever action it considers
necessary.
(f)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this section, including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(g)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning Borough participation
in the National Flood Insurance Program.
(h)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated, but the ultimate
responsibility lies with the Zoning Officer.
(i)
The Floodplain Administrator shall consider the requirements
of the UCC.
C.
Floodplain compliance.
(1)
No structure shall be used or located, relocated, constructed, reconstructed,
enlarged or structurally altered or land used except in full compliance
with these floodplain regulations and other provisions of applicable
Borough ordinances. A Borough zoning permit is required for any development
within the one-hundred-year floodplain.
(2)
Any alteration to a waterway, drainage channel or the one-hundred-year
floodplain, including development, redirecting drainage ways, changes
in grade or filling in, shall only occur after a determination by
the Zoning Officer that all Borough ordinances have been complied
with and after any needed state or federal permits are received.
(3)
Any municipality that will be affected by a change in an alteration
or relocation of a waterway shall be given prior notice of such proposal,
with copies of such notice provided to the DCED and FEMA.
D.
Permits for uses, structures and grading within the identified floodplain
area. Applications for such a permit shall be made, in writing to
the Zoning Officer.
(1)
All permit applications shall include the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of land on which proposed
construction is to occur.
(c)
The name and address of the contractor.
(d)
The site location.
(e)
A brief description of the proposed work and estimated costs.
(f)
A site plan showing the exact size and location of the proposed
construction, as well as any existing buildings or structures, and
also showing the one-hundred-year flood line.
(g)
A brief description of proposed work and estimate cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, permit applicants
shall provide all the necessary information in sufficient detail and
clarity to enable the Zoning Officer to determine that:
(a)
The proposal is consistent with the need to minimize flood damage
and conform with the requirements of this and all other applicable
codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and/or
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 Zoning Officer
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn in 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 applicable.
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
[4]
The location of all existing streets, driveways and other access
ways.
[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:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
[2]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[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 elevation.
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.
(e)
Detailed information needed to determine compliance within § 380-39Q(6), Storage, and § 380-39R, Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in § 380-39Q(6) and § 380-39R which are intended to be used, produced, stored or otherwise maintained on site.
(f)
The appropriate component of the DEP "Planning Module for Land
Development."
(g)
Where any excavation or grading is proposed, a plan meeting
DEP requirements to implement and maintain erosion and sedimentation
control.
E.
Review of permit applications by 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 shall
be submitted by the Zoning Officer to the Conservation District for
review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Zoning Officer
for possible incorporation into the proposed plan.
F.
Review of permit applications 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 may be submitted by
the Zoning Officer to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Borough Engineer, etc.) for review and
comment.
G.
Changes to permits. After the issuance of a permit by the Zoning
Officer, 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
Zoning Officer. Requests for any such change shall be in writing,
and shall be submitted by the applicant to the Zoning Officer for
consideration.
H.
Placards. In addition to the permit, the Zoning Officer 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 permit, the dated of its issuance, and be signed by the Zoning
Officer.
I.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the permit or the permit
shall expire unless a time extension is granted, in writing, by the
Zoning Officer. 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 the
proposed subsurface footings, or the installation of sewer, gas, and
water pipes, or electrical or other service lines from the street.
(2)
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Zoning Officer to approve such a request.
J.
Identification of floodplain areas.
(1)
Floodplain areas are all those areas of Millersville Borough, Lancaster
County, Pennsylvania, classified as special flood hazard areas in
the Flood Insurance Study (FIS) and the accompanying FIRM dated April
5, 2016, and issued by FEMA, or the most recent version thereof, including
all digital data developed as part of the FIS and FIRM.
(2)
The above referenced FIS and FIRM, and any subsequent revisions and
amendments are hereby adopted by Millersville Borough and declared
to be a part of this section.
K.
Description and special requirements of identified floodplain areas.
(1)
Floodway area.
(a)
Description: the area identified as floodway in the FIS and
FIRM which represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point. 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.
(2)
Special flood hazard area.
(a)
Description: the areas identified as Zones AE and A1-30 in the
FIS and FIRM which are subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods and have BFEs shown.
(b)
Special requirements.
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the DEP Regional Office.
[2]
In special flood hazard areas without a designated floodway,
no new development shall be permitted unless it can be demonstrated
that the cumulative effect of all past and projected development will
not increase the BFE by more than one foot.
(3)
Approximate floodplain area.
(a)
Description: the areas identified as Zone A in the FIS which
are subject to inundation by the one-percent-annual-chance flood event
determined using approximate methodologies. Because detailed hydraulic
analyses have not been performed, no BFEs or flood depths are shown.
(b)
Special requirements.
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the DEP Regional Office.
[2]
When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area which is nearest the construction site
in question.
[3]
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.
L.
Changes in identified floodplain area. The identified floodplain
area may be revised or modified by 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 FEMA. As soon as practicable, but not later
than six months after the date such information becomes available,
the Borough shall notify FEMA of the changes by submitting technical
or scientific data.
M.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Zoning
Officer and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
N.
Technical provisions.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Borough,
and until all required permits or approvals have been first obtained
from the DEP Regional Office. It is the responsibility of the applicant
to provide all required studies and pay all fees.
(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)
FEMA and DCED shall be notified prior to any alteration or relocation
of any watercourse.
(2)
Submit technical or scientific data to FEMA for a Letter of Map Revision
(LOMR) within six months of the completion of any new construction,
development, or other activity resulting in changes in the BFE.
(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 section and any other applicable
codes, ordinances and regulations.
O.
Elevation and floodproofing requirements.
(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 BFEs 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 § 380-39K(3)(b)[2] and [3].
(c)
The design and construction standards and specifications contained
in the UCC and ASCE 24 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 there are no BFEs 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 § 380-39K(3)(b)[2] and [3].
(c)
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.
(d)
The design and construction standards and specifications contained
in the UCC and ASCE 24 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.
[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.
P.
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:
(1)
The accessory structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
Floor area shall not exceed 150 square feet.
(3)
The accessory structure will have a low damage potential.
(4)
The accessory structure will be located on the site so as to cause
the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances such as furnaces,
heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The accessory structure shall be adequately anchored to prevent flotation
or 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:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
Q.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet, unless
substantiated data, justifying steeper slopes are submitted to, and
approved by the Zoning Officer.
(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 storm water runoff in a safe and efficient manner.
The system shall insure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of 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 sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and Borough regulations for such systems. If any such system
is permitted, is 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 Damage, and The International
Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 380-39R, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or flood proofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of 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, 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 elevations shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trims, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of 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
of the UCC shall apply to the above and other sections and subsections
of this section, to the extent that they are more restrictive and/or
supplement the requirements of this section.
R.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[5] and the regulations adopted by the DCED 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 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:
(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.
[5]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any floodway area, any structure of the kind described in § 380-39R(1) shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 380-39R(1) shall be:
(a)
Elevated or designed and constructed to remain completely dry
up to at least 1 1/2 feet above BFE.
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood. 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, as amended March
1992), or with some other equivalent watertight standard.
(4)
Within any identified floodplain area, any new or substantially improved structure of the kind described in § 380-39R(1) shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
S.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in flood hazard areas where BFE
data are not available, shall be supported by hydrologic and hydraulic
engineering analyses that determine base flood elevations and floodway
information. The analyses shall be prepared by a licensed professional
engineer in a format required by FEMA for a Conditional Letter of
Map Revision or Letter of Map Revision. Submittal requirements and
processing fees shall be the responsibility of the applicant.
T.
Special requirements for manufactured homes and recreational vehicles.
(1)
Within any floodway, manufactured homes and recreational vehicles
shall be prohibited.
(2)
Within approximate floodplain or special flood hazard area, manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any new watercourse.
(3)
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
(4)
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the International Residential Building Code adopted
as part of the UCC or the United States Department of Housing and
Urban Development's Permanent Foundations for Manufactured Housing,
1984 Edition, draft or latest revision thereto shall apply.
(5)
Consideration shall be given to the installation requirements of
the UCC where appropriate and/or applicable to units where the manufacturers'
standards for anchoring cannot be provided or were not established
for the units(s) proposed installation.
(7)
Nothing contained in this subsection shall be construed to permit
manufactured homes in the identified floodplain area.
U.
Prohibitions. In accordance with the administrative regulations promulgated
by the DCED to implement the Pennsylvania Flood Plain Management Act,[6] 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.
[6]
Editor's Note: See 32 P.S. § 679.101 et seq.
V.
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 380-39W shall apply. Historic structures as defined in this section undergoing repair or rehabilitation that would constitute a substantial improvement as also defined in this section must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places must be obtained from the Secretary of the Interior. An exemption from ordinance requirements will be the minimum necessary to preserve historic character and design of the structure.
W.
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 floodway area that would cause any increase in the elevation
of the BFE.
(2)
No expansion or enlargement of an existing structure shall be allowed
within any special flood hazard area that would, together with all
other existing and anticipated development, increase the BFE more
than one foot at any point.
(3)
Any modification, alteration, reconstruction, or improvement, of
any kind to an existing structure, to an extent or amount of 50% or
more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this section.
(4)
The above activity shall also address the requirements of the UCC.
(5)
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.
(6)
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this section.
X.
Variances.
(1)
If compliance with any of the requirements of this section 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.
(2)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 380-12 and § 380-13 and the following:
(a)
No variance shall be granted for any construction, development,
use or activity within any floodway that would cause any increase
in the BFE.
(b)
No variance shall be granted for any construction, development,
use, or activity within any special flood hazard area that would,
together with all other existing and anticipated development, increase
the BFE than one foot at any point.
(c)
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development which may
endanger human life.
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
Whenever a variance is granted, 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 section.
(g)
(h)
A complete record of all variance requests and related actions
shall be maintained by the Borough. In addition, a report of all variances
granted during the year shall be included in the annual report to
the FEMA.
(i)
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.
Y.
ACCESSORY STRUCTURE OR USE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC RESOURCE
LOWEST FLOOR
MANUFACTURED HOME
(1)
(2)
(3)
(4)
(5)
MANUFACTURED HOME PARK OR SUBDIVISON
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
OBSTRUCTION
PERSON
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Definitions. Unless specifically defined below, words and phrases
use in this section shall be interpreted so as to give this section
its most reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year 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 FIRM for Zones AE, AH, 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 forming a permanent structure
and which has walls and a roof. This term shall include manufactured
homes and trailers used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures,
the placement of manufactured homes, streets and other paving, utilities,
filling, grading and excavation, mining, dredging, drilling operations,
storage of equipment or materials, and the subdivision of land.
A manufactured home park or subdivision for which the construction
or 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 the Borough.
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 FEMA or Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the Borough.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the FIRM, 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 building, structure, site, object or district that is
included on the National Register of Historic Places, individually
or as a contributing resource in a National Register Historic District,
or the Millersville Borough Historic Preservation Map.
The lowest floor of the lowest fully enclosed area, including
any 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 section.
A type of single-family detached dwelling that meets all
of the following requirements:
It is transportable in a single piece, or two substantial pieces
designed to be joined into one integral unit capable of again being
separated for towing;
It is designed for permanent occupancy;
It arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations;
It may be constructed so that it may be used without a permanent
foundation;
It is not a recreation vehicle.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile/manufactured
home lots for the placement thereon of mobile/manufactured homes.
Structures for which the start of construction commenced
on or after the effective date of these floodplain regulations were
adopted by the Borough, and includes any subsequent improvements thereto.
Any construction started after June 12, 1985, and before the effective
date of these floodplain regulations is subject to the regulations
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 the Borough.
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, culvert, fence, stockpile, refuse,
fill, structure or other matter in, along, across or projecting into
any channel, watercourse or flood-prone area, which may impede, retard
or change the direction of the flow of water, either by itself or
by catching or collecting debris carried by such water, or is placed
where the flow of the water may carry the matter downstream to threaten
life and property.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel, or seasonal use.
The BFE or estimated flood height as determined using simplified
methods plus a freeboard safety factor of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on an average, equals or exceeds
25% of the market value of the structure before the damages occurred.
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 from the date
of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
A subdivision as defined in the MPC.
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
or repetitive loss, regardless of the actual repair work performed.
The term does not include either any project for improvement of a
structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the Borough 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 UCC adopted the International Residential Code (IRC) and the International
Building Code (IBC), by reference, as the construction standard applicable
with the State floodplain construction. For coordination purposes,
references to the above are made specifically to various sections
of the IRC and IBC.
The failure of a structure or other development to be fully
compliant with the Borough's floodplain management regulations. A
structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
A.
No principal or accessory use, or operations or activities
on its lot, shall generate a sound level exceeding the limits established
in the table below, when measured at the specified locations:
|
Sound-Level Limits by Receiving Land Use/District
| |||||
|---|---|---|---|---|---|
|
Land Use or Zoning District Receiving
the Noise
|
Hours/Days
|
Maximum Sound Level
| |||
|
At a lot line of a residential use in a residential
district
|
7:00 a.m. to 9:00 p.m. other than Sundays, Christmas
Day, Thanksgiving Day, New Year's Day, Labor Day and Memorial Day
|
60 dBA
| |||
|
9:00 p.m. to 7:00 a.m., plus all day Sundays,
Christmas Day, Thanksgiving Day, New Year's Day, Easter Sunday, Labor
Day and Memorial Day
|
52 dBA
| ||||
|
At any other lot line
|
All times and days
|
70 dBA
| |||
|
NOTE: “dBA” means A-weighted decibel.
|
B.
The maximum permissible sound-level limits set forth
in the above table shall not apply to any of the following noise sources:
(1)
Sound needed to alert people about an emergency.
(2)
Repair or installation of utilities or construction
of structures, sidewalks or streets between the hours of 7:00 a.m.
and 8:00 p.m., except for clearly emergency repairs, which are not
restricted by time.
(3)
Household power tools and lawn mowers between the
hours of 8:00 a.m. and 9:00 p.m.
(4)
Agricultural activities, including permitted raising
of livestock, but not exempting a commercial kennel.
(5)
Public celebrations specifically authorized by the
Borough Council or a county, state or federal government agency or
body.
(6)
Unamplified human voices or the sound of a single
animal.
(7)
Routine ringing of bells and chimes by a place of
worship or municipal clock.
(8)
Vehicles operating on a public street, railroads and
aircraft.
No use shall generate odors or dust that is
offensive to persons of average sensitivities beyond the boundaries
of the subject lot.
This § 380-42 shall only regulate exterior lighting that spills across lot lines or onto public streets.
A.
Streetlighting exempted. This § 380-42 shall not apply to streetlighting that is owned, financed or maintained by the Borough or the state nor to an individual porch light of a dwelling.
B.
Height of lights. No luminaire, spotlight or other
light source that is within 200 feet of a lot line of an existing
dwelling or approved residential lot shall be placed at a height exceeding
35 feet above the average surrounding ground level. This limitation
shall not apply to lights needed for air safety nor lights intended
solely to illuminate an architectural feature of a building, nor lighting
of outdoor public recreation facilities.
C.
Diffused. All light sources, including signs, shall
be properly diffused as needed with a translucent or similar cover
to prevent exposed bulbs from being directly visible from streets,
public sidewalks, dwellings or adjacent lots.
D.
Shielding. All light sources, including signs, shall
be shielded around the light source and carefully directed and placed
to prevent the lighting from creating a nuisance to reasonable persons
in adjacent dwellings and to prevent the lighting from shining into
the eyes of passing motorists.
E.
Flickering. Flashing, flickering or strobe lighting
is prohibited, except for nonadvertising seasonal lights between October
25th and January 10th.
F.
Spillover. Exterior lighting on an institutional,
commercial or industrial property shall not cause a spillover of light
onto a residential lot that exceeds 0.6 vertical footcandle at a distance
20 feet inside the residential lot line.
G.
Gasoline sales canopies. Any canopy over gasoline
pumps shall have a maximum distance between the ground level and the
underside of the canopy of 20 feet. If the ground level is sloped,
then a portion of the canopy may have a greater height, provided that
the maximum height is 20 feet at the portion of the canopy that is
closest the street. All light fixtures under the canopy shall be recessed
into the canopy or screened by an extension around the bottom of the
canopy so that lighting elements are not visible from another lot
or street.
