These regulations are designed to prohibit or restrict construction of any permanent building or structure, or uses and activities in the Special Flood Hazard Area (SFHA), in order to prevent unnecessary loss of life or property from possible natural catastrophe, as well as to protect stream valleys from ecologically detrimental development that may contribute to a water pollution problem, create erosion in and around watercourses, and induce flooding conditions. In addition, these provisions are intended to prevent the creation of health, welfare, and safety hazards, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, to minimize future flood damage, and comply with Federal and State floodplain management requirements.

   ACCESSORY USE OR STRUCTURE - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

   ALLUVIAL SOILS MAPS - soils maps prepared by the United States Department of Agriculture, Soil Conservation Service which indicate the location of soil types. Alluvial soils on these maps are soils of floodplains that are sediment deposits washed from upland areas. The presence of an alluvial soil indicates that the land has been flooded at some previous point in time.

   BASE FLOOD - a flood which has a 1% chance of being equaled or exceeded in any given year (also called the “100-year flood”).

   BASE FLOOD ELEVATION (BFE) - the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, 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.

   BASEMENT - any area of the building having its floor below ground level on all sides.

   BUILDING - a combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human occupancy.

   CONSTRUCTION - the term “construction” shall include the building, reconstruction, extension, expansion, alteration, substantial improvement, erection or relocation of a building or structure, including manufactured homes, and gas or liquid storage tanks. For floodplain purposes, “new construction” includes structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by the municipality.

   DEVELOPMENT - 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.

   EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - 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.

   EXPANSION TO AN EXISTING MANUFACTURED HOME SUBDIVISION - the preparation of additional sites by 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).

   FLOOD - a general and temporary inundation of normally dry land areas by water from waterway overflows or the unusual and rapid accumulation or runoff of surface waters from any source.

   FLOOD INSURANCE RATE MAP (FIRM) - the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

   FLOOD INSURANCE STUDY (FIS) - 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.

   FLOODPLAIN AREA - 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.

   FLOODPROOFING - any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

   FLOODWAY - the channel of a river or other watercourse and the adjacent land area that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation of that flood more than 1 foot at any point.

   HIGHEST ADJACENT GRADE - the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

   HISTORIC STRUCTURE - any structure that is:

   A.   Listed individually in the National Register of Historic Places (a listing maintained by the Dept. of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

   B.   Certified or preliminarily determined by the Secretary of the Interior as contribut ing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

   C.   Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior.

   D.   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

      (1)   By an approved State program as determined by the Secretary of the Interior.

      (2)   Directly by the Secretary of the Interior in States without approved programs.

   LOWEST FLOOR - the lowest floor of the lowest fully enclosed area (including basements). 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 non-elevation design requirements of this Chapter.

   MANUFACTURED HOME - 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 connected to the required utilities. For floodplain management purposes, the term “manufac tured home” also includes (A) all mobile homes and (B) camping trailers, recreational vehicles, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

   MANUFACTURED HOME PARK AND/OR SUBDIVISION - a lot or area which is a planned development and designated to contain two or more manufactured homes for rent or for sale. Any lot or area proposed to utilize such design where individual manufactured home sites are proposed for sale shall be known as a manufactured home subdivision.

   MARKET VALUE - for the purposes of this Chapter, shall be determined utilizing the market value established by the Lebanon County Tax Assessment Office.

   MINOR REPAIR - the replacement of existing work with the 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 exit way 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 or mechanical or other work affecting public health or general safety.

   NEW CONSTRUCTION - structures for which the start of construction commenced on or after June 5, 2012, and indicates any subsequent improvements to such structures. Any construction started after April 1, 1977, and before June 5, 2012, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 90 days of permit issuance.

   NEW MANUFACTURED HOME PARK OR SUBDIVISION - 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 the floodplain management regulations adopted by a community.

   PERSON - 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.

   RECREATIONAL VEHICLE - a vehicular-type of portable structure which is (A) built on a single chassis, (B) 400 square feet or less when measured at the largest horizontal projection, (C) self-propelled or mounted on or drawn by another vehicle, and (D) primarily designed as temporary living accommodations for recreation, camping or travel or seasonal use and not as a permanent dwelling. The term recreational vehicle includes, but is not limited to, travel trailers, camping trailers, truck campers and self-propelled motor homes.

   REGULATORY FLOOD ELEVATION - the base flood elevation (BFE) plus a freeboard safety factor of 2 feet.

   SPECIAL FLOOD HAZARD AREA - 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 Zones A, AO, A1-30, AE. A99, or AH,

   START OF CONSTRUCTION - 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 90 days from the date of the permit and shall be completed within 2 years 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 slabs 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 as part of the main structure. For a structure without a basement or poured footings, the “start of construction” includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. 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.

   STRUCTURE - a walled and roofed building, including a gas or liquid storage tank (principally above ground), a manufactured home, or any other man-made object usually assembled of interdependent parts or components which is designed to have a more or less fixed location, whether or not permanently attached at that location.

   SUBSTANTIAL DAMAGE - damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

   SUBSTANTIAL IMPROVEMENT - any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. The term does not, however, include any project for the improvement of a structure to correct existing violations of the State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this Chapter, must comply with all ordinance requirements that do not preclude the structure’s continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior of the State Historic Preservation Officer. Any exemption from the ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

   A.   Acetone.

   B.   Ammonia.

   C.   Benzene.

   D.   Calcium carbide.

   E.   Carbon disulfide.

   F.   Celluloid.

   G.   Chlorine.

   H.   Hydrochloric acid.

   I.   Hydrocyanic acid.

   J.   Magnesium.

   K.   Nitric acid and oxides of nitrogen.

   L.   Petroleum products (gasoline, fuel oil, etc.).

   M.   Phosphorus.

   N.   Potassium.

   O.   Pesticides (including insecticides, fungicides, and rodenticides).

   P.   Sodium.

   Q.   Sulfur and sulfur products.

   R.   Radioactive substances, insofar as such substances are not otherwise regulated.

   UNIFORM CONSTRUCTION CODE (UCC) - the statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether 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 with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

   VIOLATION - 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)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

1.   The Special Flood Hazard Area (SFHA) shall include all areas of this municipality subject to inundation by flood waters of the base flood. The basis for the delineation of the SFHA shall be the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) (dated June 5, 2012, or the most recent revision thereof), the above-referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the municipality and declared to be part of this Chapter.

2.   The A and AE Zones are necessary to equitably enforce floodplain management controls in the SFHA. The A Area/District shall be those areas of the municipality identified as an A Zone on the FIRM included in the FIS prepared by FEMA for which no 1% annual chance flood elevations have been provided. The actual elevation and extent of the district is to be determined by the base flood elevation. In order to determine the base flood elevation, the following variety of sources of data shall be used:

   A.   All digital data developed as part of the Flood Insurance Study.

   B.   Alluvial soil maps prepared by the U. S. Soil Conservation Service.

   C.   Local data from the 1972 flood.

   D.   Army Corps of Engineers–Floodplain Information Reports.

   E.   U.S. Geological Survey–Flood Prone Quadrangles.

   F.   Other available studies and sources of floodplain information.

3.   For these areas, elevation and floodway information from Federal, State or other acceptable sources shall be used when available. In lieu of the previously mentioned, the municipality shall require the applicant to determine the base flood elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analysis 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, analysis, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality or a qualified agent thereof. The actual elevation and extent of the district shall be determined by the base flood elevation.

4.   Floodway areas in the AE Zones, where flood heights and velocities are greatest, must have more restrictive provisions to prevent encroaching development from elevating flood levels or creating more danger to life or destruction of property. It has been delineated for purposes of this Chapter using criteria that a certain area within the floodplain must be capable of carrying the water of the base flood without increasing the water surface elevation of that flood more than 1 foot at any point. The areas included in this district are specifically defined in the Flood Insurance Study and shown on the accompanying Flood Insurance Rate Maps (FIRM). In the AE Zones outside of the floodway, where base flood elevations have been determined, and the dangers of flooding are generally of a lesser degree, more types of development may occur, but with necessary restrictions. In a detailed study area, the AE Zone outside of the floodway shall be that area of the 100-year floodplain not included in the Floodway District. The basis for the outermost boundary of the AE Zone shall be the base flood elevations contained in the flood profiles of the previously referenced Flood Insurance Study and as shown on the accompanying maps.

5.   All subdivision proposals and other proposed new developments shall provide base flood delineations; however, subdivision proposals and other proposed new develop ment greater than 50 lots or 5 acres, whichever is the lesser, shall include actual base flood elevation data. It shall be the responsibility of the developer to provide the required base flood elevation data, in a form comparable to HEC-2, which shall be certified as accurate by a registered professional engineer.

6.   Initial interpretations of the boundaries of the SFHA shall be made by the Floodplain Administrator. Where interpretation is needed concerning the exact location of any boundary of the SFHA, the Zoning Hearing Board shall make the necessary determina tion after hearing all evidence presented by the person or persons contesting the location of district boundaries. The burden of proof shall be the responsibility of the appellant, and he shall provide any and all technical information to support his case.

7.   The identified floodplain area may be revised or modified by the municipal governing body 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 FEMA. Additionally, as soon as practicable, but not later than 6 months after the date such information becomes available, a community shall notify FEMA of the changes by submitting technical or scientific data.

1.   All uses, activities, construction, including manufactured homes, and other development occurring within the SFHA shall be undertaken only In strict compliance with the provisions of this Chapter and with all other applicable State and Federal codes, ordinances and requirements, including, but not limited to, Uniform Construction Code (UCC) and the Lebanon County Subdivision and Land Development Ordinance.

2.   Under no circumstances shall any use, encroachment, activity and/or development adversely affect the capacity of the stream channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

3.   No structure, including manufactured homes or land, shall hereinafter be used and no structures, including manufactured homes, shall be located, relocated, constructed, reconstructed, enlarged, structurally altered or substantially improved except in full compliance with the terms and provisions of this Chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this Chapter.

4.   All permitted uses shall be regulated by the provisions of the nearest zoning district as shown on the Official Zoning Map. Where there happen to be conflicts between the provisions or requirements of the SFHA A Zones and AE Zones and the nearest zoning district, the more restrictive provisions shall apply. In the event that any portion of the SFHA be declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the nearest zoning district shall be deemed to be the district in which the SFHA are located.

      (1)   In the A Zones and the floodway area in the AE Zones, no development, including manufactured homes, shall be permitted except where it can be demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroach ment would not result in any increase in the flood levels within the community during the occurrence of the base flood discharge.

         (a)   Agricultural uses such as general farming, horticulture, truck gardening, nurseries, pasturing, grazing, forestry, and sod farming and wild crop harvesting.

         (b)   Public and private recreational uses and activities such as parks; picnic grounds; areas for short term camping or recreational vehicle uses; golf courses, boat launching and swimming areas, hiking, bicycling, and horseback riding trails; wildlife and nature preserves; game farms; fish hatcheries; shooting ranges; and hunting and fishing areas. Open structures such as picnic pavilions, consisting of a slab, open structural supports such as posts and pillars, and a roof shall be permitted only if constructed in compliance with the Uniform Construction Code (UCC) .

         (c)   All uses and open structures customarily accessory to permitted uses in the nearest adjoining district such as yard areas, gardens, or play areas; signs, unroofed porches, patios, open porches or carports provided that said structures are not enclosed by screening, latticing, studs, or structural supports less than 8 feet apart which would in any manner restrict the flow of flood water and debris and are in compliance with the applicable requirements of the Uniform Construction Code; impervious parking and loading areas; and airport landing strips. Accessory structures shall not include manu factured homes, vehicles or parts thereof.

         (d)   Utilities, public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.

         (e)   Water-related uses and activities such as marinas, docks, wharves, piers, etc.

         (f)   Extraction of sand, gravel, and other materials.

         (g)   Storage of materials and equipment provided that they are not buoyant; toxic to humans, animals, or vegetation; flammable or explosive, and are not subject to major damage by flooding; or provided that such material and equipment is firmly anchored to prevent flotation or movement; and/or can be readily removed from the area within the time available after flood warning.

   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 base flood elevation (BFE) more than 1 foot at any point.

      (1)   Hospitals, sanitariums, sanatoriums, clinics, etc., whether public or private.

      (2)   Public or private nursing homes.

      (3)   Jails or prisons.

      (4)   Public or private schools or institutions of higher education.

      (5)   New manufactured home parks and manufactured home subdivisions, and substantial improvements to existing manufactured home parks.

      (6)   A new or substantially improved structure which will be used for the production or storage of any materials which are toxic, flammable or explosive or which will be used for any activity requiring the maintenance of a supply of more than 550 gallons of such materials or any amount of radioactive substances.

      (7)   Any other use, activity, or development not specifically permitted under the terms of this Chapter.

1.   Basements and First Floors.

   A.   All new construction (including manufactured homes) and substantial improve ments (including manufactured home) of residential structures must have the lowest floor (including basements) constructed at or above an elevation of 2 feet above the base flood elevation. Additionally, manufactured homes shall be placed on a permanent foundation; anchored to resist flotation, collapse, or lateral movement.

   B.   All new construction and substantial improvements of non-residential structures must have the lowest floor (including basements) constructed at or above an elevation of 2 feet above the base flood elevation: or together with attendant utility and sanitary facilities, be floodproofed to an elevation of 2 feet above the base flood elevation in accordance with the following:

      (1)   Plans showing details of all floodproofing measures, prepared by a registered professional engineer or architect, and showing the size of the proposed structure and its relation to the lot where it is to be constructed.

      (2)   A determination of elevations of existing ground, proposed finished ground, lowest floor level, and floodproofing limits; certified by a registered professional engineer, surveyor, or architect.

      (3)   A certificate prepared by the registered professional or architect who prepared the plans in paragraph .A above, that the structure in question, together with attendant utility and sanitary facilities, is designed so that: (a) below an elevation of 2 feet above the base flood elevation the structure is watertight, with walls substantially impermeable to the passage of water, (b) the structure will withstand the hydrostatic, hydrodynamic, buoyant, impact, and other forces resulting from the flood depths, velocities, pressures, and other factors associated with the base flood.

2.   Electrical, Mechanical, and Plumbing Systems.

   A.   All electric water heaters, electric furnaces, electric air conditioning and ventilating systems, and other critical electrical installation shall be permitted only at elevations of 2 feet above the base flood elevation.

   B.   No electrical distribution panels shall be allowed at an elevation less than 2 feet above the base flood elevation.

   C.   Water heaters, furnaces, and other critical mechanical installations shall be permitted only at elevations of 2 feet or more above the base flood elevation.

3.   Space below the Lowest Floor.

   A.   Fully enclosed space below the lowest floor (excluding basements) which will be used solely for parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term “fully enclosed space” also includes crawl spaces.

   B.   Designs meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following criteria: (1) a minimum of two openings having a net total area of not less than 1 square inch for every square foot of enclosed space; (2) the bottom of all openings shall be no higher than 1 foot above grade; (3) openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they may permit the automatic entry and exit of floodwaters.

4.   Additionally, all new construction (including manufactured homes) and substantial improvement (including manufactured home) of residential and non-residential structures shall comply with all applicable requirements of the Uniform Construction Code (UCC).

1.   No encroachments, including manufactured homes, new construction or development, shall be located within a designated floodway. Where the floodway has not been specifically Identified for a stream or waterway, no encroachments shall be permitted within the stream channel (from top of bank to top of bank). Furthermore, encroachments outside the stream banks but within the SFHA shall be permitted only when in compliance with this Chapter and Pennsylvania Department of Environmental Protection permit requirements.

2.   No part of any private on-lot sewage disposal system shall be constructed within any SFHA.

3.   Community water supply systems and sanitary sewage systems shall be designed and located to preclude infiltration of flood water into the system and discharges from the system into flood waters.

4.   The municipality will endeavor to coordinate its floodplain management program with neighboring municipalities, particularly when the property(ies) in question is located near a municipal boundary.

5.   All buildings and structures, including manufactured homes, shall be constructed and placed on the lot 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 flood water.

6.   The following shall not be placed or caused to be placed in any of the designated SFHA: fences, except two-wire fences, other structures, or other matter which may impede, retard, or change the direction of the flow of water, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream of flood waters would carry the same downstream to the damage or detriment of either public or private property adjacent to the floodplain.

7.   Recreational vehicles to be placed within any SFHA shall be on the site for fewer than 180 consecutive days and fully licensed and ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect utilities and security devices, and has no permanent foundation or attached additions.

8.   Filling or the dumping of fill material is prohibited in the SFHA on vacant lots or on land not scheduled for approved construction activities. Fill shall ONLY be used in the SFHA to raise the finished surface of the lowest floor of a structure to an elevation of a minimum of 2 feet above the base flood elevation provided the following conditions are met:

   A.   Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally 15 feet beyond the building line from all points. For non-residential structures, fill shall be placed to provide access acceptable for the intended use. At grade access, with fill extending laterally 15 feet beyond the building line, shall be provided to a minimum of 25% of the perimeter of a nonresidential structure.

   B.   Fill shall consist of soil or small rock materials only. Sanitary landfills shall not be permitted.

   C.   Fill material shall be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.

   D.   Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Floodplain Administrator.

   E.   Fill shall be used only to the extent to which it does not adversely affect adjacent properties.

   F.   Use of fill shall be permitted only when the property owner or applicant provides a document acceptable by the Floodplain Administrator, certified by a registered professional engineer, stating that the cumulative effect of the proposed fill, in conjunction with the other anticipated development, will not result In an increase in the water surface elevation of the base flood at any point.

9.   Prior to any stream or watercourse alteration or relocation, a permit shall be obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands Also adjacent communities, the Department of Community and Economic Development, and the Federal Emergency Management Agency (FEMA) must be notified. Additionally, the municipality must be assured that the flood carrying capacity of an altered or relocated watercourse will be maintained by the developer.

10.   The placement of any manufactured home in the SFHA is prohibited except as a replacement unit in an existing manufactured home park or an existing manufactured home subdivision. Said replacement units and any substantial improvements thereto shall comply with § 905 of this Chapter and be placed on a permanent foundation: elevated so that the lowest floor of the manufactured home is at least 2 feet above the base flood elevation; anchored to resist flotation, collapse, or lateral movement; and comply with the Uniform Construction Code (UCC).

In reviewing applications for variances, the Zoning Hearing Board shall consider and shall apply all relevant factors specified in this Chapter, in the Pennsylvania Municipalities Planning Code (Act 247, as amended), and other State or Federal ordinances and shall apply all of the following factors:

   A.   The danger of life and property due to increased flood heights or velocities caused by encroachments.

   B.   The danger that materials may be swept onto other lands or downstream to the injury of others.

   C.   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

   D.   The susceptibility of the proposed structure or use and its contents to flood damage and the effect of such damage on the individual owners.

   E.   The importance of the services provided by the proposed facility to the community

   F.   The requirements of the facility for a waterfront location.

   G.   The availability of alternative locations not subject to flooding for the proposed use.

   H.   The compatibility of the proposed use or structure with existing development and development anticipated in the foreseeable future.

   I.   The relationship of the proposed use or structure to the comprehensive plan and floodplain management programs of the area.

   J.   The safety of access to the property in times of flood by ordinary and emergency vehicles.

   K.   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood water expected at the site.

   L.   No variance shall be granted to allow either in whole or in part any prohibited use listed in § 904.4.C of this Chapter.

   M.   Where appropriate, variances may be granted for the reconstruction, rehabilitation or restoration of historical structures as defined herein.

   N.   The granting of a variance shall provide relief only from the specific term(s) of the floodplain regulations requested, not exemption from all floodplain regulations or any applicable insurance premiums, nor any State or Federal permitting requirements.

   O.   Variances shall not be granted which result in any increase in the base flood elevation.

   P.   Variances shall be granted only when and where the applicant demonstrates compliance with the provisions of the Pennsylvania Municipalities Planning Code (Act 247, as amended).

   Q.   Variances shall be granted only when they are shown to be the minimum relief necessary, considering the flood hazard.

   R.   When variances are granted, written notification, signed by the appropriate local official, shall be given to the applicant indicating that:

      (1)   Increased insurance premium rates will result.

      (2)   Construction occurring below the base flood elevation will increase risks to life and property.

   S.   Other factors which are relevant to the purpose of this Chapter.

A structure, or use of a structure or land which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following:

   A.   Existing nonconforming structures or uses located in the SFHA –A Zones and floodway areas of the AE Zones:

      (1)   Shall not be moved, replaced or substantially improved, but may be modified, altered, or repaired to incorporate all applicable floodproofing measures as per § 905 of this Chapter and the Uniform Construction Code (UCC), provided that such measures and elevation techniques do not raise the level of the base flood.

      (2)   May be expanded or enlarged, but not substantially improved, provided that said expansion or enlargement (a) does not exceed 25% of the area of the first floor of the structure existing at the effective date of a floodplain management regulation adopted by the municipality, (b) is not constructed below the existing first floor elevation, and (c) complies with all applicable floodproofing requirements of § 905 of this Chapter and the Uniform Construction Code. Plans for the above-mentioned expansion or enlarge ment shall be accompanied by a side profile of the existing and proposed structures and shall indicate existing grade, floor elevations, use of fill, etc.

   B.   Existing nonconforming structures or uses located in the AE Zones, outside the floodway areas, where base flood elevations have been determined:

      (1)   May be substantially improved, moved, replaced, modified, altered, or repaired provided that such work is conducted in full compliance with the provisions of this Chapter, § 905 of this Chapter, the Uniform Construction Code (UCC), and any other applicable codes or ordinances.

      (2)   May be enlarged or expanded in a manner which is not a substantial improvement as defined by this Chapter, and provided that said enlarge ment or expansion complies with the above requirements (a), (b), and (c) of paragraph .A(2).

   C.   If any nonconforming structure or use, including manufactured homes, located in the SFHA is demolished, removed, substantially damaged or destroyed by any means, including floods, to an extent of 50% or more of the market value of the structure, it shall not be reconstructed, replaced, or continued except in conformity with the provisions of this Chapter, § 905 of this Chapter, and the Uniform Construction Code (UCC), and any other applicable ordinance.

The lot area, yard, sign and other district requirements of the land in question shall be the same as the district requirements of the nearest zoning district.

The Zoning Officer is hereby appointed to administer and enforce this Chapter and is referred to as the “Floodplain Administrator.”

1.   The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

2.   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.

3.   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 the proper credentials, at any reasonable hour to enforce the provisions of this Chapter.

4.   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 municipal governing body for whatever action it considers necessary.

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

6.   The Floodplain Administrator or other authorized official shall consider the requirements of the 34 Pa.Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.

1.   Building permits shall be required before any new construction, substantial improve ment, placement or relocation of any structure (including manufactured homes) or development is undertaken within any identified flood prone area of the municipality. 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 the State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344; and any other required local, State, or Federal permits, including but not limited to the following permits when applicable: floodway, wetland, surface mining, earth disturbance, or the State Fire Marshall. No permit shall be issued until this determination has been made. The applicant shall submit to the Floodplain Administrator copies of all other required State and Federal permits. Copies of all required permits shall be maintained by the Floodplain Administrator as a part of the building permit file.

2.   After the issuance of a building permit or site plan approval 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.

Applications for a building and zoning permit shall be filed by the property owner, his authorized agent or an individual with a proprietary interest in the property, said individual to hereafter be known as the applicant. Applications shall be submitted to the Floodplain Administrator and 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 contractor.

   (4)   Site location address.

   (5)   Three copies of the plot plan shall be submitted. In lieu thereof, an 8 ½" x 11" plot plan is acceptable, provided it is suitable for photocopying.

   (6)   The plot plan shall show, where applicable, size, shape, and dimensions of the lot; size and location of all existing buildings; size, location, and use of all proposed buildings, additions, or alterations; parking lots; parking spaces, driveways, signs, and other site improvements; and other informa tion as may be necessary to determine conformance with this Chapter.

   (7)   Brief description of proposed work and estimated cost, including a breakout of flood-related cost and market value of the building before the flood damage occurred where appropriate.

Time extensions shall only be granted if the written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.

1.   To ensure that all construction and development on property which contains identified floodplain areas will be conducted employing flood damage controls, the Floodplain Administrator shall require the following additional information to be included as part of an application for a permit:

   A.   A plan, at a scale of 1 inch being equal to 100 feet or less, showing a north arrow, scale, and date, the location of all existing and proposed buildings structures, and other improvements, which accurately locates the proposed construction and/or development with respect to existing bodies of water or watercourses, identified floodplain area boundaries, stream channel, and if available, information pertaining to the floodway, and flow of water including direction and velocities, existing floodplain development and all proposed subdivision and land development to assure that:

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

      (2)   All public utilities and facilities, such as sewer, water, gas, telephone, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage.

      (3)   Adequate drainage is provided to reduce exposure to flood hazard.

      (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 located to prevent water entry or accumulation.

   B.   Such plan shall also include existing and proposed contours (at intervals determined to be adequate by the Floodplain Administrator based upon site conditions) and elevations of the grounds, base flood elevations, structure elevation, lowest floor elevation based upon North American Vertical Datum of 1988, size of structure, location and elevation of streets, water supply, sanitary sewage facilities, supplemental information as may be necessary under 34 Pa.Code, the 2009 IBC or the 2009 IRC or latest revisions thereof, soil types and flood proofing measures. When proposed construction and/or development involves structures and/or fill to be located within the designated floodplain, such plan shall also include details of proposed fill, pile structures, retaining walls, foundations, erosion control measures, and the Floodplain Administrator may require more detailed contour and elevation data. If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.

   C.   A document certified by a registered professional engineer or architect that adequate precautions against flood damage have been taken with respect to the design of any building or structure, and that the plans for the development of the site adhere to the restrictions cited in this Chapter, the Uniform Construction Code (UCC), and other applicable ordinances.

   D.   A document certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a SFHA when combined with all other existing and anticipated development, will not increase the base flood elevation more than 1 foot at any point.

   E.   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 the flood proofing measures which have been incorporated into the design of the structure and/or the development.

   F.   The appropriate component of the Department of Environmental Protection’s “Planning Module for Land Development.”

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

2.   Review of Application by Others. The Floodplain Administrator may require that a copy of all plans and specifications for construction and/or development affecting identified floodplain areas be submitted to other appropriate agencies and/or individuals (e.g., County Conservation District, Planning Commission, Borough Engineer, etc.) for review and comment prior to the issuance of a building permit. When proposed construction and/or development involves structures and/or fill which will be located directly within the designated floodplain, the Floodplain Administrator shall submit said plans and specifications to the appropriate agencies and/or individuals as indicated above. Recommendations from these sources shall be considered for possible incorporation into the proposed plan and may be made a condition for approval of a building and zoning permit.

3.   A record of all variances granted, including their justification, shall be maintained by the community as well as reported in the annual report to the Department of Community and Economic Development (DCED) and the biennial report to FEMA.

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

   A.   Be in writing.

   B.   State the name of the owner of record and any other person against whom the municipality intends to take action.

   C.   State the location of the property in violation.

   D.   State the specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter.

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

   F.   State the date before which the steps for compliance must be commenced and the date before which the steps must be completed, not to exceed 30 days.

   G.   State that the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this Chapter.

   H.   State that failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

   I.   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.

2.   Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership, or corporation violating this Chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and therefore each day that a violation continues shall constitute a separate violation.

3.   The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

4.   Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this Section.

5.   District justices shall have initial jurisdiction over proceedings brought under this Section.

Ordinances or parts of ordinances in conflict with this Chapter, or inconsistent with the provisions of this Chapter are hereby repealed to the extent necessary to give the SHFA–A Zones full force and effect. This Chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this Chapter, the more restrictive shall apply.

Should any Section, subsection, paragraph, sentence, clause, or phrase of this Chapter be declared to be invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this Chapter, which shall remain in full force and effect, and for this purpose the provisions of this Chapter are hereby declared to be severable.

The degree of flood protection sought by the provisions of this Chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study; however, larger floods may occur on rare occasions. Flood heights may be increased by man- made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages. This Chapter shall not create liability on the part of this municipality or any officer or employee thereof for any flood damage that results from reliance on this Chapter or any administrative decision made thereunder.

This Chapter shall be effective on June 5, 2012, and shall remain in force until modified, amended or rescinded by Cleona Borough, Lebanon County, Pennsylvania.