Akron City Zoning Code
PART 17
FLOODPLAIN DISTRICTS
§ 27-1700 Applicability.
[Ord. No. 23-003, 6/23/2023]
The following regulations shall apply to all uses and structures in the Floodplain Zoning District.
§ 27-1701 Intent.
[Ord. No. 23-003, 6/23/2023]
1.
The intent of this Part is to:
A.
Promote the general health, welfare, and safety of the community.
B.
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural drainage.
D.
Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing excessive development in areas subject to flooding.
E.
Comply with federal and state floodplain management requirements.
§ 27-1702 Prohibited Conduct; Permits.
[Ord. No. 23-003, 6/23/2023]
1.
It shall be unlawful for any person to undertake, or cause to be undertaken, any construction or development anywhere within the Borough of Akron Floodplain Zoning District unless a permit has been obtained from the Borough's Zoning Officer.
2.
A permit shall not be required for minor repairs to existing buildings or structures.
§ 27-1703 Permitted Uses, Height, Bulk, Setback and Area Regulations; Abrogation and Greater Restrictions.
[Ord. No. 23-003, 6/23/2023]
1.
The permitted and special exception uses permitted in the Floodplain (FP) Zoning District shall be the same as those permitted and special exception uses in the Residential-1 (R-1) Zoning District set forth in §§ 27-602 and 27-603 of this chapter, except that schools shall not be permitted in the Floodplain (FP) Zoning District. The height, bulk, setback and area regulations of § 27-605 of this chapter related to uses and structures in the Residential-1 (R-1) District shall also apply except, to the extent the other provisions of this Part 17 are more restrictive, then the more restrictive of the provisions of this Part 17 shall apply and in all respects supersede those in the Residential-1 (R-1) Zoning District.
2.
This Part 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, including, but not limited to, Chapter 22, the Akron Borough Subdivision and Land Development Ordinance ("SALDO"), Chapter 17, the Akron Borough Stormwater Management Ordinance ("SWMO"), and the other provisions of this Part. If there is any conflict between any of the provisions of this Part with the remainder of Chapter 27, the more restrictive shall apply.
§ 27-1704 Severability.
[Ord. No. 23-003, 6/23/2023]
If any section, subsection, paragraph, sentence, clause, or phrase of this Part shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this Part, which shall remain in full force and effect; and for this purpose, the provisions of this Part are hereby declared to be severable.
§ 27-1705 Warning and Disclaimer of Liability.
[Ord. No. 23-003, 6/23/2023]
1.
The degree of flood protection sought by the provisions of this Part 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 Part 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.
The granting of a permit or making of any other administrative decision under this Part shall not constitute a representation, guarantee, or warranty of any kind by the Borough, or by any official, agent or employee thereof, of the practicability or safety of any structure, use or other plan proposed with respect to damage from flood or otherwise and shall create no liability or cause of action against the Borough, its agents or employees.
§ 27-1706 Designation of Floodplain Administrator.
[Ord. No. 23-003, 6/23/2023]
1.
The Borough's Zoning Officer and any Assistant Zoning Officer are hereby appointed to administer and enforce this Part and are 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 the Zoning Officer, the duties are to be fulfilled by the Assistant Zoning Officer.
3.
As used hereinbefore and hereafter, anywhere the term "Floodplain Administrator" appears, it shall be considered the same as the Zoning Officer and the Assistant Zoning Officer.
§ 27-1707 Permits Required.
[Ord. No. 23-003, 6/23/2023]
A permit shall be required before any construction or development is undertaken within any area of the Borough of Akron in the Floodplain Zoning District.
§ 27-1708 Duties and Responsibilities of Floodplain Administrator.
[Ord. No. 23-003, 6/23/2023]
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 Part 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 (and all ordinances of the Borough) 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.
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.
4.
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 Part.
5.
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 Borough Council for whatever action it considers necessary.
6.
The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this Part, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
7.
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.
8.
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 the this Part as the Floodplain Administrator/Manager.
9.
The Floodplain Administrator shall consider the requirements of 34 Pa. Code and the commonwealth's adopted latest edition of the IBC and the commonwealth's adopted latest edition of the IRC.
§ 27-1709 Application Procedures and Requirements.
[Ord. No. 23-003, 6/23/2023]
1.
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Borough of Akron. Such application shall contain the following:
A.
Name and address of applicant.
B.
Name and address of all owners of land on which proposed construction is to occur.
C.
Name and address of all contractors.
D.
Site location, including address.
E.
Listing of other permits required.
F.
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred, where appropriate.
G.
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
2.
If any proposed construction or development is located entirely or partially within 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 Part 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, and 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 subdivision and development;
(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 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 commonwealth's adopted latest edition of the IBC or the commonwealth's adopted latest edition of the IRC.
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)
(Reserved)
(4)
(Reserved)
(5)
Documentation, certified by a registered professional engineer, to show that the cumulative effect of any proposed development within any identified floodplain area (see § 27-1717), when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
(6)
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.
(7)
(8)
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(9)
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.
§ 27-1710 Review by County Conservation District.
[Ord. No. 23-003, 6/23/2023]
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 Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.
§ 27-1711 Review of Application by Others.
[Ord. No. 23-003, 6/23/2023]
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 Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment.
§ 27-1712 Changes.
[Ord. No. 23-003, 6/23/2023]
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.
§ 27-1713 Placards.
[Ord. No. 23-003, 6/23/2023]
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.
§ 27-1714 Start of Construction.
[Ord. No. 23-003, 6/23/2023]
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 development permit does not confer zoning, SWMO, UCC or SALDO 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.
§ 27-1715 Enforcement.
[Ord. No. 23-003, 6/23/2023]
1.
Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Part, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall be drafted and served in conformance with the PMPC[1] and the other provisions of this Chapter 27.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 27-1716 Appeals.
[Ord. No. 23-003, 6/23/2023]
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this Part may appeal to the Zoning Hearing Board pursuant to the PMPC[1] and this Chapter 27.
1.
Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the PMPC.
2.
Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the PMPC.
3.
Granting of a municipal appeal will not relieve a landowner from the obligation to comply with the minimum requirements of the National Flood Insurance Program. Landowners that fail to meet the program's minimum requirements, notwithstanding any appellate decision to the contrary, are in violation of the National Flood Insurance Program and remain subject to the accompanying penalties.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 27-1717 Identification of Areas.
[Ord. No. 23-003, 6/23/2023]
1.
The identified floodplain area shall be:
A.
Any areas of the Borough of Akron classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated April 5, 2016, 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; and the Akron Official Zoning Map.
2.
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the Borough of Akron and declared to be a part of this Part. To the extent that the FIS or FIRMs are inconsistent with the Akron Official Zoning Map, the FIS and FIRMs shall prevail.
§ 27-1718 Description and Special Requirements of Identified Floodplain Areas.
[Ord. No. 23-003, 6/23/2023]
1.
The identified floodplain area shall consist of the following specific areas:
A.
The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
(1)
Within any Floodway Area, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2)
Within any Floodway Area, no new construction or development shall be allowed unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
B.
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(1)
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
(2)
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.
(a)
No permit shall be granted for any construction, development, use, or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE at any point.
(b)
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.
C.
(Reserved)
D.
(Reserved)
§ 27-1719 Changes in Identification of Area.
[Ord. No. 23-003, 6/23/2023]
The identified floodplain area may be revised or modified by the Borough Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change 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, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 27-1722, Subsection 2, for situations where FEMA notification is required.
§ 27-1720 Boundary Disputes.
[Ord. No. 23-003, 6/23/2023]
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.
§ 27-1721 Jurisdictional Boundary Changes.
[Ord. No. 23-003, 6/23/2023]
Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community 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.
§ 27-1722 General Requirements.
[Ord. No. 23-003, 6/23/2023]
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 Borough of Akron 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 any rise 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 65.12):
A.
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
B.
Upon receipt of the Administrator's conditional approval of 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, a community 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 Part and any other applicable codes, ordinances and regulations.
4.
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
§ 27-1723 Elevation and Floodproofing Requirements.
[Ord. No. 23-003, 6/23/2023]
1.
Within any identified floodplain area, any new construction shall be prohibited. If a variance is obtained for new construction in the identified floodplain area in accordance with the criteria in §§ 27-1735 and 27-1736, then the following provisions apply:
A.
Residential Structures.
(1)
In any identified floodplain area, any new construction shall have the lowest floor (including the basement) elevated up to, or above, the regulatory flood elevation.
(2)
(Reserved)
(3)
(Reserved)
(4)
The design and construction standards and specifications contained in the commonwealth's adopted latest edition of the International Building Code (IBC) and in the commonwealth's adopted latest edition of the International Residential Code (IRC) shall apply.
B.
Nonresidential Structures.
(1)
In any identified floodplain area, any new construction of a nonresidential structure shall have the lowest floor (including the 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:
(2)
(Reserved)
(3)
(Reserved)
(4)
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.
(5)
The design and construction standards and specifications contained in the commonwealth's adopted latest edition of the International Building Code (IBC) and in the commonwealth's adopted latest edition of the International Residential Code (IRC), and ASCE 24 and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized, where they are more restrictive.
C.
Space Below the Lowest Floor.
(1)
Fully enclosed space below the lowest floor (including basements) is prohibited.
(2)
Partially 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.
(3)
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, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
D.
Historic Structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement, as defined in this Part, 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.
E.
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 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 200 square feet.
(3)
The structure will have a low damage potential.
(4)
The 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 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:
(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.
§ 27-1724 Design and Construction Standards.
[Ord. No. 23-003, 6/23/2023]
1.
The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A.
Fill. Within any identified floodplain area, the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in §§ 27-1735 and 27-1736, then the following provisions apply:
(1)
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.
B.
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C.
Water and Sanitary Sewer Facilities and Systems.
(1)
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site waste disposal system shall be located within any identified floodplain area 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.
(4)
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utility Systems from Flood Damage," and the "International Private Sewage Disposal Code" shall be utilized.
D.
Other Utilities. All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 27-1725, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
G.
Placement of Buildings and Structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I.
Floors, Walls, and Ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(2)
Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
(3)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other "water-resistant" material.
J.
Paints and Adhesives.
(1)
Paints and other finishes used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a "marine" or "water-resistant" paint or other finishing material.
L.
Equipment. 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.
M.
Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
N.
Uniform Construction Code Coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401-405), as amended, and not limited to the following provisions, shall apply to the above and other sections and subsections of this Part, to the extent that they are more restrictive and supplement the requirements of this Part:
(1)
International Building Code (IBC), latest edition adopted by the commonwealth: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2)
International Residential Building Code (IRC), or the latest edition thereof adopted by the commonwealth: Sections R104, R105, R109, R322, Appendix E, and Appendix J.
§ 27-1725 Development Which May Endanger Human Life.
[Ord. No. 23-003, 6/23/2023]
1.
Within any identified floodplain area, any structure of the kind described in Subsection 1A below, or the production or storage of materials described in Subsection 1A below, shall be prohibited.
A.
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 five gallons of any one substance (except as to petroleum products, which shall be limited to 300 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:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise regulated.
B.
(Reserved)
C.
Within any Floodway Area, any structure of the kind described in Subsection 1A above shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection 1A above shall be elevated to remain completely dry up to at least 1 1/2 feet above the base flood elevation and built in accordance with §§ 27-1722, 27-1723 and 27-1724.
D.
Nonresidential Structures.
(1)
(2)
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, amended March 1992), or with some other equivalent watertight standard.
§ 27-1726 Special Requirements for Subdivisions and Development.
[Ord. No. 23-003, 6/23/2023]
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 and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
§ 27-1727 Special Requirements for Manufactured Homes.
[Ord. No. 23-003, 6/23/2023]
Within anywhere in the district (including, but not limited to, the floodway or floodplain), manufactured homes are prohibited.
§ 27-1728 Special Requirements for Recreational Vehicles.
[Ord. No. 23-003, 6/23/2023]
All recreational vehicles in the district may only be on site for fewer than 180 consecutive days. To qualify, the recreational vehicles must be fully licensed and ready for highway use, and any such recreational vehicle that is not fully licensed and ready for highway use shall be prohibited.
§ 27-1729 Prohibited Activities.
[Ord. No. 23-003, 6/23/2023]
§ 27-1733 Existing Structures.
[Ord. No. 23-003, 6/23/2023]
The provisions of this Part 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 § 27-1734 shall apply.
§ 27-1734 Improvements.
[Ord. No. 23-003, 6/23/2023]
1.
The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
A.
No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area that would cause any increase in BFE.
B.
(Reserved)
C.
(Reserved)
D.
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 Part.
E.
The above activity shall also address the requirements of 34 Pa. Code, as amended, and the commonwealth's adopted latest edition of the IBC and the commonwealth's adopted latest edition of the IRC.
F.
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.
§ 27-1735 General Provisions for Variances.
[Ord. No. 23-003, 6/23/2023]
If compliance with any of the requirements of this Part would result in a hardship as described in Section 910.2 of the PMPC[1] to a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request and in conformance with Section 910.2 of the PMPC, grant relief from the strict application of the requirements.
[1]
Editor's Note: See 53 P.S. § 10910.
§ 27-1736 Variance Procedures and Conditions.
[Ord. No. 23-003, 6/23/2023]
1.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 27-1905 and the following:
A.
No variance shall be granted within any identified floodplain area that would cause any increase in BFE.
B.
(Reserved)
C.
(Reserved)
D.
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 regulated by special permit (or prohibited activities) (§ 27-1729) or to development which may endanger human life (§ 27-1725).
E.
If granted, a variance shall involve only the least modification necessary to provide relief.
F.
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 Part.
H.
I.
A complete record of all variance requests and related actions shall be maintained by the Zoning Officer. 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 1% annual chance flood.
§ 27-1737 Interpretation.
[Ord. No. 23-003, 6/23/2023]
Unless specifically defined below, words and phrases used in this Part shall be interpreted so as to give this Part its most reasonable application.
§ 27-1738 Specific Definitions.
[Ord. No. 23-003, 6/23/2023]
The following definitions shall apply to this Part 17 of Chapter 27 only. To the extent that these definitions are inconsistent with other definitions in Chapter 27, the following definitions shall control within the Floodplain Zoning District:
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 1% chance of being equaled or exceeded in any given year (also called the "100-year flood" or "1% annual chance flood").
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, and A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
Any area of the building having its floor below ground level on all sides.
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
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 initial FIRM map had an effective date of 12/16/1980. The current FIRM map has an effective date of 4/5/2016.
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.
The Akron Borough Zoning Officer or the Assistant Zoning Officer.
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.
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 on 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 community 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 community. See §§ 27-1717 and 27-1718 for the specifics on what areas the community has included in the identified floodplain area.
The lowest floor of the lowest fully enclosed area (including the basement). An unfinished, flood-resistant, partially enclosed area used solely for parking of vehicles, building access, and incidental storage in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this Part.
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, and 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.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring, mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after the effective start date of this Floodplain Management Ordinance and includes any subsequent improvements to such structures. Any construction started after 12/16/1980 (effective date of the community's first Floodplain Management Ordinance adopted by the community) and before the effective start date of this Floodplain Management Ordinance 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.
53 P.S. § 10101 et seq.
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 community's initial Flood Insurance Rate Map (FIRM) dated 12/16/1980, 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 community's initial Flood Insurance Rate Map (FIRM) dated 12/16/1980, 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.
An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks/subdivisions, and substantial improvements to such existing parks, when such development is located in all, or a designated portion of, a floodplain.
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 a 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" or "repetitive loss" 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 ensure 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.
A grant of relief by a community from the terms of a floodplain management regulation administered and according to the statements of the PMPC.
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.
§ 27-1739 Fee and Escrow Deposits.
[Ord. No. 23-003, 6/23/2023]
New applications for permits shall not be deemed to have been submitted until the fee and all escrow deposits have been paid, which fee and escrow schedules shall be adopted from time to time by resolution of Borough Council.
1.
The Borough Council may, by resolution, from time to time, establish review and filing fees, and escrows associated with the same, consistent with law.
§ 27-1740 Expenses Covered by Fees.
[Ord. No. 23-003, 6/23/2023]
1.
The Borough Council shall be entitled to set a filing fee, from time to time, by resolution of Council, which shall cover the initial administrative costs of receiving and processing the paperwork from the applicant. No application shall be deemed complete without payment of such filing fee.
2.
The Borough shall also be entitled to set review fees, from time to time, by resolution of Council. The review fee shall be established by the Borough by resolution (meeting all requirements of the PMPC and administered consistent with the PMPC) to defray review costs incurred directly or indirectly by the Borough and the Borough's agents.
3.
All review and filing fees shall be paid by the applicant at the time of filing any application. No application shall be deemed complete without payment of such fees and deposits.
4.
The fees required by this Part shall at a minimum cover:
A.
The review of the plan by the Borough and its agents.
B.
The development site inspection.
C.
The inspection of facility improvements during construction.
D.
The final inspection upon completion of the facility improvements presented in the plan, and review of the as-built plans and calculations for compliance.
E.
Any additional work required to enforce any permit provisions regulated by this Part, correct violations, and ensure proper completion of stipulated remedial actions.
F.
Defray administration and clerical costs.
5.
Escrow Deposit.
A.
The Borough Council may set, from time to time, by resolution, an escrow deposit schedule based upon the estimated cost of fees described in Subsections 2 and 4 above. Such escrow deposit shall be deposited with the Borough at the time of any filing. No application shall be deemed complete without payment of such escrow deposit.
B.
The Borough Zoning Officer, from time to time, may require replenishment of the escrow deposit to ensure that it is not exhausted by reasonably estimated current and future costs and fees as described herein.