Bridgeport, PA Zoning Ordinance

Statutory authorization. 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.

[1]

Editor's Note: See 32 P.S. § 679.101 et seq.

General provisions.

(1)

Intent. The intent of this section 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.

(2)

Applicability.

(a)

It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Borough of Bridgeport unless a permit has been obtained from the Floodplain Administrator.

(b)

A permit shall not be required for minor repairs to existing buildings or structures.

(3)

Abrogation and greater restrictions. 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 section, the more restrictive shall apply.

(4)

Warning and disclaimer of liability.

(a)

The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable 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 section 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.

(b)

This section shall not create liability on the part of the Borough of Bridgeport or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Administration.

(1)

Designation of the Floodplain Administrator. The Zoning Officer within the Borough of Bridgeport is hereby appointed to administer and enforce this section and is referred to herein as the "Floodplain Administrator." In the event that the Zoning Officer is temporarily incapacitated or the position of Zoning Officer is vacant, then the Borough Manager may serve as the alternate Floodplain Administrator.

(2)

Permits required. A permit shall be required before any construction or development is undertaken within any area of the Borough of Bridgeport.

(3)

Duties and responsibilities of the Floodplain Administrator.

(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 section 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 Law (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.

[2]

Editor's Note: See 53 P.S. § 750.1 et seq.

[3]

Editor's Note: See 32 P.S. § 693.1 et seq.

[4]

Editor's Note: See 35 P.S. § 691.1 et seq.

(c)

In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building so that any repetitive loss issues can be addressed before the permit is issued.

(d)

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.

(e)

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.

(f)

In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to Borough Council for whatever action it considers necessary.

(g)

The Floodplain Administrator shall maintain all records associated with the requirements of this section, including, but not limited to, permitting, inspection and enforcement.

(h)

The Floodplain Administrator shall consider the requirements of 34 Pa. Code and the International Building Code and International Residential Code, as adopted.

(4)

Application procedures and requirements.

(a)

Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Borough of Bridgeport. Such application shall contain the following:

[1]

Name and address of the applicant.

[2]

Name and address of the owner of the land on which the proposed construction is to occur.

[3]

Name and address of the contractor.

[4]

Site location, including address.

[5]

Listing of other permits required.

[6]

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.

[7]

A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

(b)

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:

[1]

All such proposals are consistent with the need to minimize flood damage and conform to the requirements of this section and all other applicable codes and ordinances.

[2]

All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage.

[3]

Adequate drainage is provided so as to reduce exposure to flood hazards.

[4]

Structures will be anchored to prevent flotation, collapse, or lateral movement.

[5]

Building materials are flood-resistant.

[6]

Appropriate practices that minimize flood damage have been used.

[7]

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.

(c)

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:

[1]

A completed permit application form.

[2]

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:

[a]

North arrow, scale, and date;

[b]

Topographic contour lines, if available;

[c]

The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;

[d]

The location of all existing streets, drives, and other accessways; and

[e]

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.

[3]

Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

[a]

The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;

[b]

The elevation of the base flood;

[c]

Supplemental information as may be necessary under 34 Pa. Code, the International Building Code and International Residential Code, as adopted.

[4]

The following data and documentation:

[a]

If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood elevation; and

[b]

Detailed information concerning any proposed floodproofing measures and corresponding elevations.

[c]

Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a special floodplain area [See Subsection D(2)(b).], when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.

[d]

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 with Subsection E(3)(f), Storage, and Subsection E(4), Development which may endanger human life, including:

[i]

The amount, location and purpose of any materials or substances referred to in Subsection E(3)(f) and (4) which are intended to be used, produced, stored or otherwise maintained on site.

[ii]

A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Subsection E(4) during a base flood.

[f]

The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.

[g]

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.

[5]

Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.

(5)

Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval 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.

(6)

Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval 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.

(7)

Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing and shall be submitted by the applicant to the Floodplain Administrator for consideration.

(8)

Placards. In addition to the permit, the Floodplain Administrator 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 date of its issuance and be signed by the Floodplain Administrator.

(9)

Start of construction. 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 Floodplain Administrator. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street. Time extensions shall be granted only if a written request is submitted by the applicant prior to the expiration of permit, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.

(10)

Enforcement.

(a)

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 section, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:

[1]

Be in writing.

[2]

Include a statement of the reasons for its issuance.

[3]

Allow a reasonable time, not to exceed a period of 30 days, for the performance of any act it requires.

[4]

Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state.

[5]

Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section.

(b)

Penalties. Any person who fails to comply with any or all of the requirements or provisions of this section or who fails or refuses to comply with any notice, order or direction of the Floodplain Administrator or any other authorized employee of the municipality shall be guilty of a misdemeanor and, upon conviction, shall pay a fine to the Borough of Bridgeport of not less than $25 nor more than $600, plus costs of prosecution. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this section. The imposition of a fine or penalty for any violation of or noncompliance with this section shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this section may be declared by the Borough of Bridgeport to be a public nuisance and abatable as such.

(11)

Appeals.

(a)

Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this section may appeal to the Borough Council. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.

(b)

Upon receipt of such appeal the Borough Council shall set a time and place, within not less than 10 or not more than 30 days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered shall be given to all parties.

(c)

Any person aggrieved by any decision of the Borough Council may seek relief therefrom by appeal to court, as provided by the laws of this state, including the Pennsylvania Flood Plain Management Act.[5]

[5]

Editor's Note: See 32 P.S. § 679.101 et seq.

Identification of floodplain areas.

(1)

Identification. The identified floodplain area shall be any areas of the Borough of Bridgeport classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 2, 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. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the Borough of Bridgeport and declared to be a part of this section.

(2)

Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:

(a)

Floodway area.

[1]

Description. The area identified as floodway in the FIS 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 floodplain areas where no floodway has been identified in the FIS.

[2]

Special requirements.

[a]

Any encroachment that would cause any increase in flood heights shall be prohibited.

[b]

No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection Regional Office.

(b)

Special floodplain area.

[1]

Description. The areas identified as Zones AE and A1-30 in the FIS which are subject to inundation by the 1%-annual-chance flood event determined by detailed methods and have base flood elevations (BFEs) shown.

[2]

Special requirements.

[a]

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 Department of Environmental Protection Regional Office.

[b]

In special floodplain 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.

(c)

Approximate floodplain area.

[1]

Description. The areas identified as Zone A in the FIS which are subject to inundation by the 1%-annual-chance flood event determined using approximate methodologies. Because detailed hydraulic analyses have not been performed, no BFEs or flood depths are shown.

[2]

Special requirements.

[a]

[b]

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. In lieu of the above, the municipality may require at its discretion 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 of Bridgeport.

(d)

Shallow flooding area.

[1]

Description. The areas identified as Zones AO and AH in the FIS. These areas are subject to inundation by 1%-annual-chance shallow flooding where average depths are between one and three feet.

[2]

Special requirements.

[a]

Establish drainage paths to guide floodwaters around and away from structures on slopes.

(3)

Changes in identification of area. The identified floodplain area may be revised or modified by the Borough Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data.

(4)

Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Floodplain Administrator, and any party aggrieved by this decision or determination may appeal to Borough Council. The burden of proof shall be on the appellant.

Technical provisions.

(1)

General.

(a)

Alteration or relocation of watercourse.

[1]

No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office.

[2]

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.

[3]

In addition, the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

(b)

Submit technical or scientific data to the Federal Emergency Management Agency 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.

(c)

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.

(2)

Elevation and floodproofing requirements.

(a)

Residential structures.

[1]

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. The design and construction standards and specifications contained in the International Building Code and International Residential Code, as adopted, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.

[2]

In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.

(b)

Nonresidential structures.

[1]

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:

[a]

Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and

[b]

Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

[2]

In AO Zones, any new construction or substantial improvement shall have its lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.

[3]

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.

(c)

Space below the lowest floor.

[1]

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.

[2]

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.

(d)

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 100 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 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.

(3)

Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

(a)

Fill. If fill is used, it shall:

[1]

Extend laterally at least 15 feet beyond the building line from all points;

[2]

Consist of soil or small rock materials only; sanitary landfills shall not be permitted;

[3]

Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;

[4]

Be no steeper than one foot vertical to two feet horizontal unless substantiated data justifying steeper slopes are submitted to and approved by the Floodplain Administrator; and

[5]

Be used to the extent to which it does not adversely affect adjacent properties.

(b)

Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

(c)

Water and sanitary sewer facilities and systems.

[1]

All new or replacement water 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 sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

[4]

The design and construction provisions of the Uniform Construction Code and FEMA No. 348, Protecting Building Utilities From Flood Damages, and the International Private Sewage Disposal Code shall be utilized.

(d)

Other utilities. All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

(e)

Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

(f)

Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in Subsection E(4), Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.

(g)

Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.

(h)

Anchoring.

[1]

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

[2]

All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

(i)

Floors, walls and ceilings.

[1]

Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.

[2]

Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

[3]

Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.

[4]

Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

(j)

Paints and adhesives.

[1]

Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.

[2]

Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

[3]

All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.

(k)

Electrical components.

[1]

Electrical distribution panels shall be at least three feet above the base flood elevation.

[2]

Separate electrical circuits shall serve lower levels and shall be dropped from above.

(l)

Equipment.

[1]

Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.

(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 within 34 Pa. Code (Chapters 401 through 405), as amended, and not limited to the following provisions shall apply to the above and other subsections of this section to the extent that they are more restrictive and/or supplement the requirements of this section.

[1]

International Building Code (IBC) 2006 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

[2]

International Residential Building Code (IRC) 2006 or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.

(4)

Development which may endanger human life.

(a)

In accordance with the Pennsylvania Flood Plain Management Act,[6] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances; or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances shall be 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:

[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.

[6]

Editor's Note: See 32 P.S. § 679.101 et seq.

(b)

Within any floodway area, any structure of the kind described in Subsection E(4)(a), above, shall be prohibited.

(c)

Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection E(4)(a), above, shall be: elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; designed to prevent pollution from the structure or activity during the course of a base flood elevation. 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.

(5)

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 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 the Federal Emergency Management Agency for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.

(6)

Special requirements for manufactured homes.

(a)

Within any FW (floodway area), manufactured homes shall be prohibited.

(b)

Within approximate floodplain or special floodplain areas, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.

(c)

Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:

[1]

Placed on a permanent foundation.

[2]

Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation.

[3]

Anchored to resist flotation, collapse, or lateral movement.

(d)

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 Building Code and/or International Residential Code, as adopted, 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 and 34 Pa. Code Chapters 401 through 405.

(e)

Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC, or the most recent revisions thereto, and 34 Pa. Code, as amended, where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed installation of the unit(s).

(7)

Special requirements for recreational vehicles. Recreational vehicles in Zones A1-30, AH and AE must either:

(a)

Be on the site for fewer than 180 consecutive days;

(b)

Be fully licensed and ready for highway use; or

(c)

Meet the permit requirements for manufactured homes in Subsection E(6).

Activities requiring special permits.

(1)

General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[7] the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Borough of Bridgeport.

(a)

The commencement of any of the following activities, or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:

[1]

Hospitals.

[2]

Nursing homes.

[3]

Jails or prisons.

(b)

The commencement of or any construction of a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.

[7]

Editor's Note: See 32 P.S. § 679.101 et seq.

(2)

Application requirements for special permits. Applicants for special permits shall provide five copies of the following items:

(a)

A written request, including a completed permit application form.

(b)

A small scale map showing the vicinity in which the proposed site is located.

(c)

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]

Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet;

[3]

All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;

[4]

The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;

[5]

The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting or affected by the proposed activity or development;

[6]

The location of the floodplain boundary line, information and spot elevations concerning the base flood elevation elevations, and information concerning the flow of water, including direction and velocities;

[7]

The location of all proposed buildings, structures, utilities, and any other improvements; and

[8]

Any other information which the municipality considers necessary for adequate review of the application.

(d)

Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale, showing the following:

[1]

Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;

[2]

For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;

[3]

Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood elevation;

[4]

Detailed information concerning any proposed floodproofing measures;

[5]

Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;

[6]

Profile drawings for all proposed streets, drives, and vehicular accessways including existing and proposed grades; and

[7]

Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.

(e)

The following data and documentation:

[1]

Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents;

[2]

Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the base flood elevation;

[3]

A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a base flood elevation, including a statement concerning the effects such pollution may have on human life;

[4]

A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on base flood elevation elevations and flows;

[5]

A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the base flood elevation and the effects such materials and debris may have on base flood elevations and flows;

[6]

The appropriate component of the Department of Environmental Protection's Planning Module for Land Development;

[7]

Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control;

[8]

Any other applicable permits, such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of the Act 1978-166;[8] and

[8]

Editor's Note: See 32 P.S. § 679.302.

[9]

An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.

(3)

Application review procedures. Upon receipt of an application for a special permit by the Borough of Bridgeport, the following procedures shall apply in addition to those of Subsection B:

(a)

Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Borough of Bridgeport Planning Commission and Borough of Bridgeport Engineer for review and comment.

(b)

If an application is received that is incomplete, the Borough of Bridgeport shall notify the applicant in writing, stating in what respect the application is deficient.

(c)

If the Borough of Bridgeport decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

(d)

If the Borough of Bridgeport approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered or certified mail, within five working days after the date of approval.

(e)

Before issuing the special permit, the Borough of Bridgeport shall allow the Department of Community and Economic Development 30 days after receipt of the notification by the Department to review the application and decision made by the Borough of Bridgeport.

(f)

If the Borough of Bridgeport does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.

(g)

If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough of Bridgeport and the applicant, in writing, of the reasons for the disapproval, and the Borough of Bridgeport shall not issue the special permit.

(4)

Special technical requirements.

(a)

In addition to the requirements of Subsection D, Identification of floodplain areas, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Subsection D of this section or in any other code, ordinance, or regulation, the more restrictive provision shall apply.

(b)

No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:

[1]

Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:

[a]

The structure will survive inundation by waters of the base flood elevation without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE.

[b]

The lowest floor (including basement) will be elevated to at least 1 1/2 feet above base flood elevation.

[c]

The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the base flood elevation.

[2]

Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.

(c)

All 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 of Bridgeport and the Department of Community and Economic Development.

Existing structures in identified floodplain areas.

(1)

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 Subsection G(2) shall apply.

(2)

Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:

(a)

No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the base flood elevation.

(b)

No expansion or enlargement of an existing structure shall be allowed within any special floodplain area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

(c)

Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.

(d)

The above activity shall also address the requirements of 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.

(e)

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.

(f)

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.

Variances.

(1)

General. If compliance with any of the requirements of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Borough of Bridgeport may, upon request, grant relief from the strict application of the requirements.

(2)

Variance procedures and conditions. Requests for variances shall be considered by the Borough of Bridgeport in accordance with the procedures contained in Subsection C(11) and the following:

(a)

No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE.

(b)

No variance shall be granted for any construction, development, use, or activity within any special floodplain area that would, together with all other existing and anticipated development, increase the BFE more 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 regulated by special permit (Subsection F) or to development which may endanger human life [Subsection E(4)].

(d)

If granted, a variance shall involve only the least modification necessary to provide relief.

(e)

In granting any variance, the Borough of Bridgeport 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.

(f)

Whenever a variance is granted, the Borough of Bridgeport shall notify the applicant in writing that:

[1]

The granting of the variance may result in increased premium rates for flood insurance.

[2]

Such variance may increase the risks to life and property.

(g)

In reviewing any request for a variance, the Borough of Bridgeport shall consider, at a minimum, the following:

[1]

That there is good and sufficient cause.

[2]

That failure to grant the variance would result in exceptional hardship to the applicant.

[3]

That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

(h)

A complete record of all variance requests and related actions shall be maintained by the Borough of Bridgeport. In addition, a report of all variance granted during the year shall be included in the annual report to the Federal Emergency Management Agency.

(3)

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.

Bridgeport City Zoning Code

ARTICLE XVI

§ 560-1601 Erosion control.

§ 560-1602 Nuisances and hazards to public safety.

§ 560-1603 Wetlands.

§ 560-1604 Flood-prone areas; floodplains.

§ 560-1605 Odors, dust, and noise.

§ 560-1606 Control of light and glare.