Lewisburg City Zoning Code
ARTICLE VI
Floodplain Management
§ 360-33 Interpretation.
The provisions in this article are based on the Pennsylvania Floodplain Management Act (Act 166 of 1978), the National Flood Insurance Act of 1968, Section 1361, and the National Flood Insurance Program Section 60.3(d), 44 CFR 59, and have been designed to satisfy state and federal floodplain management requirements and to provide protection from flood hazards. In any conflict between the provisions herein and those of the aforementioned acts and programs, whichever is more restrictive shall prevail.
§ 360-34 General.
A.
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(1)
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies;
(2)
Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding;
(3)
Requiring all those uses, activities and developments that do occur in flood-prone areas to be elevated and/or floodproofed against flooding and flood damage.
B.
Applicability. These provisions shall apply to all lands within the jurisdiction of the Borough's Zoning Ordinance that are identified as being subject to the one-hundred-year flood as shown on the maps prepared for the Borough by the Federal Insurance Administration.
C.
Coordination with the Uniform Construction Code. The standards and specifications contained in the Pennsylvania Uniform Construction Code, PA Act 45 of 1999, and 34 Pa. Code Chapters 401 through 405, as from time to time reauthorized and amended, shall apply to activities regulated under this section to the extent they are more restrictive and/or supplement the requirements of this chapter.
D.
Warning and liability disclaimer. 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. Larger floods may occur; flood heights may increase due to man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damage. This chapter shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administration decision lawfully made thereunder.
E.
Flood boundary interpretation. Where interpretation is needed concerning the exact location of any boundary of any floodplain, the Zoning Officer shall make the initial determination. The Zoning Hearing Board shall make final determinations. The person questioning or contesting the location of the boundary and/or the Zoning Officer's decision shall be given a reasonable opportunity to present his/her case to the Zoning Hearing Board and to submit his/her own technical evidence if he/she so desires.
§ 360-35 Identification of floodplain areas.
A.
For the purpose of this chapter, floodplain areas within the Borough shall be those areas identified as being subject to the one-hundred-year flood, as designated in the Flood Insurance Study (FIS) prepared for the Borough of Lewisburg by the Federal Insurance Administration, dated September 28, 2007, or the most recent revision thereof. A map showing all areas considered to be subject to the one-hundred-year flood is available for inspection at the Lewisburg Borough Building, 55 South Fifth Street, Lewisburg, Pennsylvania.
(1)
This Floodplain District shall be an overlay to the existing underlying zoning districts as shown on the official Zoning Map. As such, the provisions for this district shall serve as a supplement to the underlying district provisions. Where there happens to be any conflict between the provision or requirements for the Floodplain District and those of any underlying district, the more restrictive provisions pertaining to the floodplain shall apply.
B.
Description of Floodplain District areas. For the purposes of this article, the following nomenclature is used in referring to the various floodplain areas:
(1)
FW (floodway area): The areas identified as "floodway." The FW (floodway area) shall include that portion of the floodplain area required to carry and discharge the waters of the one-hundred-year flood. The channel of the watercourse and portions of the adjoining floodplains reasonably required to carry and discharge the one-hundred-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA, dated September 28, 2007, or the most recent revision thereof. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
(2)
FF (flood fringe area): The areas identified as "flood fringe." The FF (flood fringe area) shall include that portion of the one-hundred-year floodplain not included in the floodway. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevation contained in the flood profiles of the Flood Insurance Study (FIS) and the accompanying maps.
C.
Changes in floodplain area delineations. The identified floodplain area may be revised or modified by the Borough Council upon the recommendation of the Planning Commission and Borough Engineer, where studies or information provided by a qualified agency or person document the need or possibility for such revision. No modification or revision of any floodplain area identified in the FIS shall be made without prior approval from the Federal Emergency Management Agency (FEMA).
D.
Disputes. Should a dispute arise concerning the identification of any floodplain area or boundary, an initial determination shall be made by the Zoning Officer. Any party aggrieved by such decision or interpretation may appeal to the Zoning Hearing Board, which shall have jurisdiction to issue a final determination. The burden of proof shall be on the appellant.
§ 360-36 Permits.
A.
Issuance of zoning and building permit. Prior to the issuance of permits for any activities regulated under this section, the Zoning Officer shall review the application to determine if all other necessary governmental permits or approvals required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act, P.L. 1535, No. 537, January 24, 1966, P.S. § 750.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania; the Dam Safety and Encroachments Act, P.L. 1375, No. 325, November 26, 1978, 32 P.S. § 693.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania; the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334; and the Pennsylvania Clean Streams Act, P.L. 1987, No. 394, June 22, 1937, 35 P.S. § 691.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania. No permit shall be issued until this determination has been made.
B.
Application procedures and requirements.
(1)
To insure that the flood damage controls required herein are being employed in all new construction, development and substantial improvement within any designated floodplain area, including use of fill, the applicant or developer shall obtain a zoning and building permit prior to the commencement of any such activity. Any proposed construction or development located entirely or partially within any identified floodplain area shall provide the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
(a)
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;
(b)
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(2)
Applicants shall file the following minimum information, plus any other pertinent information, e.g., any or all the technical information contained in § 360-37F(3) as may be required by the Zoning Officer to make the above determination:
(a)
A completed and signed zoning permit application form;
(b)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale and date;
[2]
Topographic contour lines;
[3]
All property and lot lines, including dimensions, and the site expressed in acres or square feet;
[4]
The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development;
[5]
The location of all existing streets, drives, other accessible ways and parking areas, with information concerning widths, pavement types and construction, and elevations;
[6]
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, identified floodplain areas, and, if available, information pertaining to the floodway and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed building, based upon National Geodetic Vertical Datum in the most recent Flood Insurance Study (FIS) (North American Vertical Datum);
[2]
The elevation of the one-hundred-year flood, as designated in the Flood Insurance Study (FIS);
[3]
Information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood;
[4]
Detailed information concerning any proposed floodproofing measures;
[5]
Supplemental information as may be necessary under 34 Pa. Code Chapters 401 through 405, as amended, Sections 1612.5.1, 104.7 and 109.3.3 of the 2003 IBC and Sections R109.1.3 and 104.7 of the 2003 IRC.
(d)
The following data and documentation:
[1]
A document, certified by a registered professional engineer or architect, which states that the construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development;
[2]
Detailed information needed to determine compliance with §§ 360-37E(6) and 360-37F, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 360-37E(6) and 360-37F which are intended to be used, produced, stored or otherwise maintained on-site or within structures;
[b]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in §§ 360-37E(6) and 360-37F during a one-hundred-year flood.
[3]
The appropriate component of the DEP's "Planning Module for Land Development;"
[4]
Where any excavation or grading is proposed, a plan meeting the requirements of DEP to implement and maintain erosion and sedimentation control.
C.
Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodway area to be considered for approval shall be submitted by the Zoning Officer to the County Conservation District for review and comment prior to the issuance of a zoning permit. The recommendations of the Conservation District shall be considered by the Zoning Officer for possible incorporation into the proposed plan.
D.
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Zoning Officer to any other appropriate agencies and/or individuals (e.g., Borough Council, Borough Planning Commission, County Planning Commission, etc.) for review and comment.
§ 360-37 Technical provisions.
A.
General.
(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 Borough and until all required permits or approvals have been first obtained from DEP. In addition, FEMA and the DCED Governor's Center for Local Government Services shall be notified prior to the relocation of any watercourse.
(2)
Any new construction, development, use or activity 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.
B.
Special floodway requirements. Within any FW (floodway area), the following provisions apply:
(1)
Any new construction, development, use, activity or encroachment that would cause any increase in flood heights shall be prohibited.
(2)
No new construction or development shall be allowed in the floodway or within 50 feet landward from the top of bank from any watercourse, unless a permit is obtained from DEP, Bureau of Dams and Waterway Management. However, the issuance of a permit by DEP is not a guarantee of approval and the Borough retains ultimate authority for final approval.
C.
Elevation and floodproofing requirements.
(1)
Residential structures: Within any FW or FF Area, the lowest floor (including basement) of any new or substantially improved residential structures shall be at least 1 1/2 feet above the one-hundred-year flood elevation.
(2)
Nonresidential structures.
(a)
Within any FW or FF Area, the lowest floor (including basement) of any new or substantially improved nonresidential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(b)
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the one-hundred-year flood elevation shall be floodproofed in a completely or essentially dry manner, 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, March 1992, as amended) 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)
The design and construction standards and specifications contained in Section 1612.4 of the 2003 IBC and ASCE 24 (Sections 2.4 and Chap. 7) and 34 Pa. Code Chapters 401 through 405, as amended, shall be utilized.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (including basement) is prohibited.
(b)
Partially enclosed spaces below the lowest floor, which will be used solely for the parking of vehicles and building access in an area other than a basement or cellar, shall be designed and constructed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total of not less than one square inch for every square foot of enclosed space;
[2]
The bottom of all openings shall be no higher than one foot above grade;
[3]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters;
[4]
Consideration shall be given to the requirements of 34 Pa. Code Chapters 401 through 405, as amended, and the 2003 IRC (Sections 8327.2.1 and 8327.1.4) and the 2003 IBC (Sections 1612.4 and 1202.3).
D.
Special provisions for accessory structures.
(1)
Accessory structures to a principal building which are proposed to be built in any identified floodplain area need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(a)
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles or to the storage of tools, material and equipment related to the principal use or activity.
(b)
The floor area shall not exceed 600 square feet.
(c)
The structure shall have a low damage potential.
(d)
The structure shall be located on the site so as to cause the least obstruction to the flow of floodwaters.
(e)
Power lines, wiring and outlets shall be at least 1 1/2 feet above the one-hundred-year flood elevation.
(f)
Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities shall be prohibited.
(h)
The structure shall be adequately anchored to prevent flotation or movements, and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space;
[2]
The bottom of all openings shall be no higher than one foot above grade;
[3]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided they permit the automatic entry and exit of floodwaters.
(2)
Individuals should be aware that building a structure as described above could significantly increase the cost of flood insurance for the accessory structure and its contents.
E.
Design and construction standards. The following standards shall apply for all construction and development proposed within any identified floodplain area:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
(d)
Be no steeper than one vertical to three feet horizontal, unless substantiated data justifying steeper slopes are submitted to and approved by the Zoning Officer.
(e)
Be used to the extent to which it does not adversely affect adjacent properties.
(2)
Drainage. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings, where drainage is the method of conveyance utilized. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within any identified floodplain area.
(d)
The design and construction provisions of the UCC and 34 Pa. Code Chapters 401 through 405, as amended and contained in the 2003 IBC (Appendix G), the 2003 IRC (Section 8327.1.6), the ASCE 24-98 (Section 8.3) and FEMA 348, Protecting Building Utilities From Flood Damages, shall be utilized.
(4)
Other utilities. All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life, and those listed in § 360-37F(1)(f), shall be stored at or above the regulatory flood elevation and/or within a completely dry space to preclude their causing damage to life or property.
(7)
Placement of buildings and structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and shall not increase the height of floodwater. The following shall not be placed or caused to be placed in the FW (floodway area): 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 or floodwaters would carry the same downstream to the damage or detriment of either public or private property adjacent to the flood-prone areas.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored, in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.
(b)
All air ducts, large pipes, storage tanks and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(c)
The design and construction requirements of the UCC pertaining to this subsection, as referred in 34 Pa. Code Chapters 401 through 405, as amended and contained in the 2003 IBC (Sections 1605.2.2, 1605.3.1.2, 1612.4), the 2003 IRC (Sections 8301.1, 327.1.1) and ASCE 24-98 (§ 5.6), shall be utilized.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(b)
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(d)
Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(e)
The provisions of the UCC pertaining to this subsection and referenced in 34 Pa. Code Chapters 401 through 405, as amended and contained in the IBC (Sections 801.1.3, 1403.7), the IRC (Sections R327.1.7, R501.3) and ASCE 24-98 (Chapter 6) shall be adhered to, to the extent they are more restrictive.
(10)
Paints and adhesives.
(a)
Paints or other finishes used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.
(c)
All wooden components (doors, trim, cabinets, etc.) below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other water-resistant finishing material.
(d)
The standards and specifications contained in 34 Pa. Code Chapters 401 through 405, as amended and contained in Sections 801.1.3 and 1403.7 of the 2003 IBC and Sections 327.1.7 and 8501.3 of the 2003 IRC shall be adhered to, to the extent they are more restrictive.
(11)
Electrical components.
(a)
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
(b)
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(c)
The provisions pertaining to the above and referenced in the UCC and 34 Pa. Code Chapters 401 through 405, as amended and contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Section 8327.1.5) the 2000 IFGC (Section 8301.5 and 81601.3.8) and ASCE 24 (Chapter 8), shall be utilized.
(12)
Equipment.
(a)
Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical, or utility equipment or apparatus, shall be located at least 1 1/2 feet above the regulatory flood elevation.
[Amended 1-19-2021 by Ord. No. 1061]
(b)
The provisions referenced in the UCC and 34 Pa. Code Chapters 401 through 405, as amended and contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Section 8327.1.5) the 2000 IFGC (Section 8301.5 and 81601.3.8) and ASCE 24 (Chapter 8), shall be utilized.
(13)
Fuel supply systems.
(a)
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 flood infiltration occurs.
F.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community and Economic Development, as required by the Act, 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, shall be prohibited in any floodway. The same activities are also prohibited in the flood gringe, except as permitted in § 360-37F(2).
[Amended 4-17-2012 by Ord. No. 1013]
(a)
Facilities involved with the production, storage or use of any amount of radioactive substances.
(b)
Landfills and solid waste storage, processing and disposal facilities (does not include municipal recycling centers).
(c)
Nursing homes, orphanages, group homes for the mentally and physically handicapped, day-care centers and residential drug and alcohol treatment facilities.
(d)
Jails, prisons, other penal institutions and community correctional centers.
(e)
Facilities involved in the production or storage of any of the following dangerous materials or substances:
[1]
Acetone;
[2]
Ammonia;
[3]
Benzene;
[4]
Calcium carbide;
[5]
Carbon disulfide;
[6]
Celluloid;
[7]
Chlorine;
[8]
Hydrochloric acid;
[9]
Hydocyanic acid;
[10]
Magnesium;
[11]
Nitric acid and oxides of nitrogen;
[12]
Petroleum products (gasoline, fuel, 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;
[19]
Infectious biological agents;
[20]
Explosives; and
[21]
Toxic wastes.
(f)
Any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the dangerous materials or substances listed in Subsection F(1)(e) on the premises.
(g)
New manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
(h)
Power generation facilities.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Where a facility, as described in § 360-37F(1), lawfully existed prior to the enactment of these provisions, such facility can expand in the flood fringe in accordance with this chapter, provided that any new construction shall:
(a)
Not be a substantial improvement, as defined in this chapter.
(b)
Be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood elevation.
(c)
Be designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972, as amended March 1992) or with some other equivalent watertight standard;
(d)
Fully protect the health and safety of the general public and any occupants. At a minimum, all new structures shall be designed, located and constructed so that:
[1]
The structure will survive inundation by waters of the one-hundred-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the one-hundred-year flood elevation.
[2]
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the one-hundred-year flood.
(e)
Receive special approval for jails, prisons, hospitals, nursing homes and manufactured home parks, in accordance with the administrative regulations promulgated by the Department of Community and Economic Development (DCED) to implement the Pennsylvania Floodplain Management Act, P.L. 851, No. 166, October 4, 1978, (32 P.S. § 679.101 et seq.), as hereinafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
(f)
Upon receipt of an application for a jail, prison, hospital, nursing home or manufactured home park, the following procedures shall apply in addition to those prescribed elsewhere in this chapter.
[1]
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Union County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Borough Planning Commission for review and comment.
[2]
If an application is received that is incomplete, the Borough shall notify the applicant, in writing, stating in what respects the application is deficient.
[3]
If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
[4]
If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with DCED by registered or certified mail, within five working days after the date of approval.
[5]
Before issuing the permit, the Borough shall allow DCED 30 days after receipt of the notification to the DCED to review the application and the decision made by the Borough.
[6]
If the Borough does not receive any communication from DCED during the thirty-day review period, it may issue a permit to the applicant.
[7]
If DCED should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue an approval and/or zoning and building permits.
(3)
All applications under § 360-37F(2) shall include the following:
(a)
Sufficiently detailed architectural or engineering drawings, including floor plans, sections and exterior building elevations;
(b)
Elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;
(c)
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the one-hundred-year flood;
(d)
Detailed information concerning proposed floodproofing measure;
(e)
Cross section drawings for all proposed streets, drives and vehicular access ways, including existing and proposed grades;
(f)
Plans and profiles of sanitary storm sewer systems, water supply systems and any other utilities and facilities;
(g)
Certification from a registered professional engineer that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood;
(h)
A statement, certified by a registered professional engineer, 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 one-hundred-year flood, including a statement concerning the effects such pollution may have on human life and the environment.
G.
Special requirements for manufactured homes.
(1)
Within any floodway area or flood fringe, manufactured homes, mobile homes, park trailers, travel trailers, recreational vehicles and other similar types of homes, buildings and structures shall be prohibited.
(2)
Where legally existing within any flood fringe before enactment of this chapter, all manufactured homes and any additions thereto shall be placed on a permanent foundation and shall be:
(a)
Anchored to resist flotation, collapse or lateral movement by providing over-the-top ties and frame ties to ground anchors, in accordance with the American National Standards, as specified in the Standard for Installation of Manufactured Homes, including Manufactured Home Park Requirements (NFPA No. 01A-1974) (ANSI A119.3-1975), as amended, for manufactured homes in hurricane zones or other appropriate standards such as the following:
[1]
Over-the-top ties shall be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length;
[2]
Frame ties shall be provided at each corner of the manufactured home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length;
[3]
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds;
[4]
Shall be prohibited within the area measured 50 feet landward from the top of bank of any watercourse;
[5]
Shall be placed on a permanent foundation;
[6]
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 2003 International Residential Code 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;
[7]
Consideration shall be given to the installation requirements of the 2003 IBC Appendix G, Section 501.1-3 and the 2003 IRC (Section 8327.1.8 and Appendix AE 101) or the most recent revisions thereto and 34 Pa. Code Chapters 401 through 405, as amended, where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the unit(s) proposed for installation.
(b)
Elevated in accordance with the following requirements:
[1]
The stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be 1 1/2 feet or more above the elevation of the one-hundred-year flood;
[2]
Adequate surface drainage is provided;
[3]
Adequate access for a hauler is provided;
[4]
Where pilings are used for elevation, the pilings shall be placed in stable soil not more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.
(3)
An evacuation plan, acceptable to the Borough Emergency Management Coordinator, indicating alternative vehicular access and escape routes, shall be filed with the Zoning Officer of the Borough.
§ 360-38 Existing structures and uses in identified floodplain areas.
A structure or use of a structure or premises which lawfully existed in any identified floodplain area prior to the enactment of this chapter but is not in conformity with these provisions may continue, subject to the following provisions:
A.
No expansion or enlargement of an existing structure shall be allowed within any identified floodway that would cause any increase in the elevation of the one-hundred-year flood.
B.
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter. The term "substantial improvement" does not, however, include either:
(1)
Any project for improvement of a structure to comply with any existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(2)
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
C.
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.