Middleburg City Zoning Code
PART 7
FLOODPLAIN DISTRICT REGULATIONS
§ 27-701 General Provisions.
[Ord. 206, 2/4/1985; as amended by Ord. 304, 11/13/2007]
1.
Intent. The intent of these provisions is to:
A.
Promote the general health, welfare, and safety of the community.
B.
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural drainage.
D.
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
E.
Comply with federal and state floodplain management requirements.
2.
Applicability.
A.
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Borough unless a zoning permit has been obtained from the permit officer.
B.
A zoning permit shall not be required for minor repairs to existing buildings or structures.
3.
Abrogation and Greater Restrictions. These provisions supersede any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance or code 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 those provisions or these provisions, the more restrictive shall apply.
4.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by these provisions is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. These provisions do not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages.
B.
These provisions 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 these provisions or any administrative decision lawfully made thereunder.
§ 27-702 Administration.
[Ord. 206, 2/4/1985; as amended by Ord. 304, 11/13/2007]
1.
Permits required. Zoning permits shall be required before any construction or development is undertaken within any area of the Borough.
2.
Issuance of Permit.
A.
The permit officer shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
B.
Prior to the issuance of any permit, the permit officer shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33, U.S.C. § 1344. No permit shall be issued until this determination has been made.
C.
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities, which may be affected by such action, have been notified by the Borough and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified by the Borough prior to any alteration or relocation of any watercourse.
3.
Application Procedures and Requirements.
A.
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the permit officer to determine 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 utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
B.
Applicants shall file the following minimum information plus any other pertinent information as may be required by the permit officer to make the above determination:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
(d)
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;
(e)
The location of all existing streets, drives, and other accessways;
(f)
The location of any existing bodies of water or watercourses, identified floodplain areas and, if available, information pertaining to the floodway and the flow of water, including direction and velocities; and
(g)
Brief description of the proposed work and estimate cost, including a breakout of the flood-related cost and the market value of the building before any flood damage occurred.
(3)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
(b)
The elevation of the one-hundred-year flood;
(c)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood;
(d)
Detailed information concerning any proposed floodproofing measures; and
(e)
Supplemental information as may be necessary under 34 Pa. Code, Chapters 401-405, as amended, and Section 1612.5.1, Sections 104.7 and 109.3 of the 2003 IBC and Sections R106.1.3 and R104.7 of the 2003 IRC.
(4)
The following data and documentation:
(a)
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 one-hundred-year flood elevations, pressures, velocities, impact and uplift forces associated 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.
(b)
(c)
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.
(d)
Where any excavation of grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
4.
Review of Application by Others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the permit officer to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, County Conservation District, etc.) for review and comment.
5.
Changes. After the issuance of a permit by the permit officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the permit officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the permit officer for consideration.
6.
Inspection and Revocation.
A.
During the construction period, the permit officer 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 shall make as many inspections during and upon completion of the work as are necessary.
B.
In the discharge of his duties, the permit officer shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Part.
C.
In the event the permit officer 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 permit officer shall revoke the building permit and report such fact to the Borough Council for whatever action it considers necessary.
D.
A record of all such inspections and violations of this Part shall be maintained.
E.
The requirements of the 34 Pa. Code Chapters 401-405 and the IBC (Sections 109.3.3, 1612.5.1, 104.7 and 103.8) and the 2003 IRC (ACE.1.3, 109.1.3 and R104.7) or latest revisions thereof pertaining to elevation certificates and record retention shall be considered.
§ 27-703 Identification of Floodplain Areas.
[Ord. 206, 2/4/1985; as amended by Ord. 216, 2/17/1987; and by Ord. 304, 11/13/2007]
1.
Identification. The identified floodplain area shall be any areas of the Borough of Middleburg which are subject to the one-hundred-year flood, as identified in the Flood Insurance Study (FIS) dated November 16, 2007, and the accompanying maps prepared for the Borough by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.
2.
Description of Floodplain Areas/Districts.
A.
The identified floodplain shall consist of the following specific areas:
(1)
FW (Floodway Area): the areas identified as "Floodway" in the AE Zone in the Flood Insurance Study (AS) prepared by the Federal Emergency Management Agency (APE). The term shall also include floodway areas which have been identified in other available studies or sources on information for those floodplain areas where no floodway has been identified in the Flood Insurance Study (AS).
(2)
FF (Flood-Fringe Area): the remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone on the Flood Insurance Study (FIS), where floodway has been delineated. The Basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(3)
FA (General Floodplain Area): the areas identified as Zone A in the Flood Insurance Study (FIS) for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year flood elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
B.
In lieu of the above, the Borough may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by registered professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Borough.
3.
Changes in Identification of Area. The identified floodplain area may be revised or modified by the Borough Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.
4.
Boundary Disputes. Should a dispute concerning any identified floodplain boundary arise, any party aggrieved may appeal to the Borough Council. The burden of proof shall be on the appellant.
§ 27-704 Technical Requirements.
[Ord. 206, 2/4/1985; as amended by Ord. 295, 11/8/2005; and by Ord. 304; 11/13/2007]
1.
General.
A.
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
B.
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this Part and any other applicable codes, ordinances and regulations.
2.
Special Requirements for FW and FA Areas.
A.
With any FW (Floodway Area), the following provisions apply:
B.
Within any FA (General Floodplain Area), the following provisions apply:
(1)
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.
(2)
Any new construction or development, which would cause any increase in flood heights shall be prohibited within any floodway area.
3.
Elevation and Floodproofing Requirements.
A.
Residential Structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The design and construction standards and specifications contained in the 2003 IBC (Sections 1612.4, 1603.1.6 and 3403.1) and in the 2003 IRC (Sections AL-E.1.4, R323.2.1, and R323.2.2) and ASCE 24 (Sections 2.4 and 2.5, Chapter 5) and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized.
B.
Nonresidential Structures.
(1)
Within any identified floodplain area, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(2)
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 "FLOODPROOFING Regulations" published by the United States Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(3)
The design and construction standards and specifications contained in the IBC (Sections 1603.1.2, 1603.1.6, 1605.2.2, 1606.5, 1612.5.1 and 3403.1) and ASCE 24 (Sections 2.4 and Chap. 7) and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized.
C.
Space Below the Lowest Floor.
(1)
Fully enclosed space below the lowest floor (including basement) is prohibited.
(2)
Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "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:
(a)
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(3)
Consideration may be given to the requirements of 34 Pa. Code (Chapters 401-405 as amended) and the 2003 IRC (Sections R323.2.2 and 8323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5, 1202.3.2 and 1203.3.3.).
D.
Accessory Structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(1)
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
(2)
Floor area shall not exceed 600 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be at least 1 1/2 feet above the one-hundred-year flood elevation.
(6)
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a)
Minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
4.
Design and Construction Standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from all points;
(2)
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted;
(3)
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(4)
Be no steeper than one vertical to two horizontal feet unless substantiated data, justifying steeper slopes are submitted to, and approved by the permit officer; and
(5)
Be used to the extent to which it does not adversely affect adjacent properties.
B.
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C.
Water and Sanitary Sewer Facilities and Systems.
(1)
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.
(2)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(4)
(Chapters 401-405, as amended) and contained in the 2003 IBC (Appendix G, Sections 401.3 and 401.4), the 2003 IRC (Section 323.1.6), the ASCE 24-98 (Section 8.3), APE No. 348, Protecting Building Utilities From Flood Damages and the International Private Sewage Disposal Code (Chapter 3) shall be utilized.
D.
Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 27-704, Subsection 6, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G.
Placement of Buildings and Structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(3)
The design and construction requirements of the UCC pertaining to this subsection as referred to in 34 Pa. Code (Chapters 401-405, as amended) and contained in the 2003 IBC (Sections 1605.2.2, 1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Sections R301.1 and R323.1.1) and ASCE 24-98 (Section 5.6) shall be utilized.
I.
Floors, Walls and Ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(2)
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant" variety.
(3)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
J.
Paints and Adhesives.
(1)
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
(4)
The standards and specifications contained in 34 Pa. Code (Chapters 401-405, as amended) the 2003 IBC (Sections 801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Section R323.1.7).
K.
L.
Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation. The provisions pertaining to the above provision and referenced in the UCC and 34 Pa. Code (Chapters 401-405), as amended, and contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Sections R323.1.5) the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.
M.
Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
5.
Uniform Construction Code Coordination. The Standards and Specifications contained 34 Pa. Code (Chapters 401-405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this Part, to the extent that they are more restrictive and/or supplement the requirements of this Part:
A.
International Building Code (IBC) 2003, or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
B.
International Residential Building Code (IRC) 2003, or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
6.
Development Which May Endanger Human Life.
A.
In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which (1) will be used for the production or storage of any of the following dangerous materials or substances; or (2) will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or (3) will involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
Acetone | |
Ammonia | |
Benzene | |
Calcium carbide | |
Carbon disulfide | |
Celluloid | |
Chlorine | |
Hydrochloric acid | |
Hydrocyanic acid | |
Magnesium | |
Nitric acid and oxides of nitrogen | |
Petroleum products (gasoline, fuel oil, etc.) | |
Phosphorus | |
Potassium | |
Sodium | |
Sulphur and sulphur products | |
Pesticides (including insecticides, fungicides, and rodenticides) | |
Radioactive substances, insofar as such substances are not otherwise regulated |
B.
Within any FW (Floodway Area), any structure of the kind described in Subsection A, above, shall be prohibited.
C.
Within any FE (Special Floodplain Area) or FA (General Floodplain Area), any new or substantially improved structure of the kind described in Subsection A above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
D.
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be:
E.
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.
7.
Special Requirements for Manufactured Homes.
A.
Within any FW (Floodway Area), manufactured homes shall be prohibited.
B.
Within any FA (General Floodplain Area) or FE (Special Floodplain Area), manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
C.
Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:
(1)
Placed on a permanent foundation.
(2)
Elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the one-hundred-year flood.
(3)
Anchored to resist flotation, collapse or lateral movement.
(4)
Installed 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 Building 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 401-405.
(5)
Installed as closely as practicable per the requirements of the 2003 IBC (Appendix G, Section 501.1-3) and the 2003 IRC (Sections R323.2, R323.3, R102.7.1, and Appendix AE101, 604 and 605), or the most recent revisions thereto, and 34 Pa. Code, Chapters 401-405, 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(s') proposed installation.
§ 27-705 Prohibited Activities.
[Ord. 206, 2/4/1985; as amended by Ord. 304, 11/13/2007]
1.
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area:
§ 27-706 Existing Structures in Identified Floodplain Areas.
[Ord. 206, 2/4/1985; as amended by Ord. 304, 11/13/2007]
1.
Existing Structures. The provisions of this Part do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection 1 below, shall apply.
2.
Improvements. The following provisions shall apply whenever any improvement is made to any existing structure located within any identified floodplain area:
A.
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred-year flood.
B.
No expansion or enlargement of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.
C.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Part. The above activity shall also address the requirements of 34 Pa. Code, Chapters 401-405, as amended, and the 2003 IBC (Sections 3402.1 and 1612.4) and the 2003 IRC (Sections R105.3.1.1 and R323.1.4).
D.
The requirements of 34 Pa. Code, Chapters 401-405, as amended, and the 2003 IRC (Sections R102.7.1, R105.3.1, R105.3.1.1 and Appendices E and J), or the latest revision thereof, and the 2003 IBC (Sections 101.3, 3403.1 and Appendix G), or the latest revision thereof, shall also be utilized in conjunction with the provisions of this section.
§ 27-707 Variances.
[Ord. 206, 2/4/1985; as amended by Ord. 304, 11/13/2007]
1.
General. If compliance with any of the requirements of this Part would result in an exceptional hardship to a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
2.
Variance Procedures and Conditions. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Part 11 of this chapter, and the following:
A.
No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the one-hundred-year flood.
C.
No variance shall be granted for any of the requirements pertaining specifically to prohibited activities (§ 27-705).
D.
If granted, a variance shall involve only the least modification necessary to provide relief.
E.
In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this Part.
G.
In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional hardship to the applicant.
(3)
That the granting of the variance will neither (i) result in air unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, nor (ii) create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
H.
A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency.
I.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
§ 27-708 Definitions.
[Ord. 206, 2/4/1985; as amended by Ord. 304, 11/13/2007]
1.
General. Unless specifically defined below, words and phrases used in this Part shall be interpreted so as to give this Part its most reasonable application.
2. ACCESSORY USE OR STRUCTURE BASEMENT BOROUGH BUILDING COMPLETELY DRY SPACE DEVELOPMENT ESSENTIALLY DRY SPACE FLOOD FLOODPLAIN AREA FLOODPROOFING FLOODWAY HISTORIC STRUCTUREA. B. C. D. IDENTIFIED FLOODPLAIN AREA LAND DEVELOPMENTA. (1) (2) B. LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK MINOR REPAIR NEW CONSTRUCTION ONE-HUNDRED-YEAR FLOOD PERSON RECREATIONAL VEHICLE REGULATORY FLOOD ELEVATION SPECIAL PERMIT STRUCTURE SUBDIVISION SUBSTANTIAL ADDITIONS TO MANUFACTURED HOME PARKS SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENTA. B. UNIFORM CONSTRUCTION CODE (UCC) ZONING HEARING BOARD
Specific Definitions.
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
Any area of the building having its floor below ground level on all sides.
Borough of Middleburg, Snyder County, Pennsylvania.
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this Part, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The floodplain area specifically identified in this Part as being inundated by the one-hundred-year flood.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this Part.
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after July 6, 1982, and includes any subsequent improvements thereto.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has 1% chance of occurring each year, although the flood may occur in any year).
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
A vehicle which is: (i) built on a single chassis; (ii) not more than 400 square feet, measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; and (iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
Anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, sheds, manufactured homes, and other similar items.
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
Any repair, reconstruction, or improvement of an existing manufactured home park or manufactured home subdivision, where such repair, reconstruction, or improvement of the streets, utilities, and pads will equal or exceed 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement is started.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
The statewide Building Code adopted by the Pennsylvania General Assembly in 1999, applicable to new construction in all municipalities whether administered by the municipality, a third party, or the Department of Labor & Industry. Applicable to Residential and Commercial buildings, the Code adopted the International Residential Code (IRC) and International Building Code (IBC) of 2003 by reference as the construction standard applicable with the Commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
The Zoning Hearing Board of the Borough of Middleburg.