Prospect Park City Zoning Code
ARTICLE X
Floodplain Regulations
§ 70-36 General provisions.
A.
Intent. The intent of this Article is to:
(1)
Promote the general health, welfare and safety of the community.
(2)
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply and natural drainage.
(4)
Reduce financial burdens imposed on the community, its governmental units and its residents by preventing excessive development in areas subject to flooding.
(5)
Comply with federal and state floodplain management requirements.
B.
Abrogation and greater restrictions. This Article 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 Article, the more restrictive shall apply.
C.
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Article, which shall remain in full force and effect, and for this purpose, the provisions of this Article are hereby declared to be severable.
D.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this Article 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.
(2)
This Article does not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages.
(3)
This Article 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 Article or any administrative decision lawfully made thereunder.
§ 70-37 Administration and enforcement.
A.
Issuance of building permit.
(1)
Building permits shall be required before any construction or development is undertaken within any area of the Borough. Prior to the issuance of any building permit for construction in the floodplain, the Borough Engineer shall review the application for permit to determine if all other necessary governmental 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);[1] the Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the United States Clean Water Act, Section 404, 33 U.S.C. § 1334; and the Pennsylvania Clean Streams Act (Act 1937-394, as amended).[3] No permit shall be issued until this determination has been made.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(2)
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, Bureau of Dams and Waterway Management.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(3)
Applications for permits shall be accompanied by a fee in accordance with the fee schedule for same established by the Borough of Prospect Park Borough Council.
[Added 2-12-2002 by Ord. No. 1232, approved 2-12-2002]
B.
Application procedures and requirements.
(1)
If any proposed construction or development is located entirely or partially within any identified floodplain areas, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Borough Engineer 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; and
(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 as may be required by the Building Permit Officer to make the above determination:
(a)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Building Permit Officer to make the above determination:
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
[1]
A completed building permit application form.
[2]
A plan of the entire site, clearly and legibly drawn to 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.
(b)
The following data and documentation:
[1]
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.
[2]
Detailed information needed to determine compliance with § 70-39D(6), Storage, and § 70-39E, Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in §§ 70-3D(6) and 70-39E which are intended to be used, produced, stored or otherwise maintained on site.
[3]
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
[4]
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
C.
Review by County Conservation District.
(1)
A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Building Permit Officer to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Building Permit Officer for possible incorporation into the proposed plan.
(2)
A copy of all plans and applications for any proposed construction development in any identified floodplain areas to be considered for approval may be submitted by the Building Permit Officer to any other appropriate agencies and/or individuals (e.g. Planning Commission, Municipal Engineer, etc.) for review and comment.
§ 70-38 Identification of floodplain areas.
A.
Designation of floodplain areas.
(1)
The identified floodplain area shall be any areas of Prospect Park Borough subject to the one-hundred-year flood, which is identified as Zone A (Area of Special Flood Hazard) in the Flood Insurance Study (FIS) dated November 18, 2009, and the accompanying maps or the most recent revision thereof as issued by the Federal Emergency Management Agency, including all digital data developed as part of the Flood Insurance Study.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(2)
A map showing all areas considered to be subject to the one-hundred-year flood is available for inspection at the Borough offices. For the purposes of this Article, the following nomenclature is used in referring to the various kinds of floodplain areas:
(a)
FW (Floodway Area). The areas identified as floodway in the Flood Insurance Study prepared by the FEMA.
(b)
FF (Flood-Fringe Area). The areas identified as floodway fringe in the Flood Insurance Study prepared by the FEMA.
(c)
FA (General Floodplain Area). The areas identified as Zone A in the 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 with one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(d)
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a through technical review by the Borough.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(3)
NOTE: The following Subsections A(3)(a) and (b) are for use where a floodway has been delineated and separate floodway and flood-fringe areas will be established. Most municipalities moving into the regular program phase of the National Flood Insurance Program will make use of these first two subsections.
(a)
The FW (Floodway Area) is delineated for purposes of this Article using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this area are specifically defined in the F1 Data table contained in the above-referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map.[1]
[1]
Editor's Note: The Flood Boundary and Floodway Map is on file in the Borough Secretary's office.
(b)
The FF (Flood-Fringe Area) shall be that area of the one-hundred-year floodplain not included in the floodway. The basis for the outermost boundary of this district shall be the one-hundred-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study and as shown on the accompanying Flood Boundary and Floodway Map.
(c)
FA (General Floodplain Area). The areas identified as Zone A in the 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 with one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(d)
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a through technical review by the Borough.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
B.
Changes in floodplain area delineations.
(1)
The areas considered to be floodplain may be revised or modified by the Borough where studies or information provided by a qualified agency or person documents the need or possibility for such revision.
(2)
No modification or revision of any floodplain area identified in the Flood Insurance Study shall be made without prior approval from the Federal Emergency Management Agency.
C.
Disputes. Should a dispute arise concerning the identification of any floodplain area, an initial determination shall be made by the Planning Commission and any party aggrieved by such decision may appeal to the Council. The burden of proof shall be on the appellant.
§ 70-39 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 municipality and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(2)
In addition, the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development, shall be notified prior to any alteration or relocation of any watercourse.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(3)
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this article and any other applicable codes, ordinances and regulations.
B.
Special floodway and stream setback requirements.
(1)
Within any FW (Floodway Area) the following provisions apply:
(a)
Any construction, development, use, activity or encroachment that would cause any increase in flood heights shall be prohibited.
(b)
No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(2)
Within any FA (General Floodplain Area), the following provisions apply:
(a)
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(b)
Any new construction, development, use, activity or encroachment which would cause any increase in flood heights shall be prohibited within a floodway area delineated by an applicant.
C.
Elevation and floodproofing requirements.
(1)
Residential structures. Within any FW or FF, the lowest floor (including basement) of any new or substantially improved residential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation.
(2)
Nonresidential structures.
(a)
Within any FW or FF, 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 structure or part thereof which will not be completely or adequately elevated shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Flood-Proofing Regulation" (United States Army Corps of Engineers, June 1972), or some other equivalent standard for that type of construction.
D.
Design and construction standards. The following standards shall apply for all construction and development proposed within any identified floodplain areas:
(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 two horizontal, unless substantiated data justifying steeper slopes are submitted to and approved by the Building Permit Officer and the Borough Council.
(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 ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(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 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)
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 not listed in § 70-39E, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(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 height of floodwater.
(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.
(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 rain 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.
(10)
Paints and adhesives.
(a)
Paints and 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.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
(12)
Equipment. Water heaters, furnaces, air-conditioning and ventilating units and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(13)
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.
E.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act[1] and regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or will be used for any activity requiring the maintenance of a supply of more than 550 gallons or other comparable volume of any of the following dangerous materials or substances on the premises or will involve the production, storage or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to the human life:
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(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)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any FW (Floodway Area), any structure of the kind described in Subsection A above shall be prohibited.
(3)
Structure requirements.
(a)
Where permitted within any FF (Flood-Fringe Area) or FA (General Floodplain Area), any structure of the kind described in Subsection A above shall be:
(b)
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 (U.S. Army Corps of Engineers, June 1972) or with some other equivalent watertight standard.
F.
Special requirements for mobile homes.
(1)
Within any FW (Floodway Area), mobile homes shall be prohibited.
(2)
Where permitted within any FF (Flood-Fringe Area), all mobile homes and any additions thereto shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards, as specified in the Standard for the Installation of Mobile Homes Including Mobile Home Park Requirements [NPA No. 501A-1974 (ANSI A119.3-1975)], as amended, for mobile homes in hurricane zones or other appropriate standards such as the following:
(a)
Over-the-top ties shall be provided at each of the four corners of the mobile 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.
(b)
Frame ties shall be provided at each corner of the mobile 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.
(c)
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
G.
An evacuation plan indicating alternative vehicular access and escape routes shall be filed with the Borough officials for mobile home parks.
H.
Space below the lowest floor.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(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 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 flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces.
(3)
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above grade.
(c)
Openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(4)
Consideration may be given to the requirements of 34 Pa. Code (Chapters 401 through 405, as amended) and the 2003 IRC (§§ R323.2.2 and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5, 1202.3.2 and 1203.3.3.).
§ 70-40 Activities requiring special permits.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Borough:
B.
The commencement of or any construction of a new mobile home park or mobile home subdivision or substantial improvement to an existing mobile home park or mobile home subdivision.
C.
Application and special technical requirements.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(1)
Application requirements for special permits. Applicants for special permits shall provide five copies of the following items:
(a)
A written request including a completed building permit application form.
(b)
A small-scale map showing the vicinity in which the proposed site is located.
(c)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale and date.
[2]
Topography based upon the North American Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet.
[3]
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
[4]
The location of all existing streets, drives, other access ways, and parking areas, with information concerning widths, pavement types and construction, and elevations.
[5]
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and manmade features affecting, or affected by, the proposed activity or development.
[6]
The location of the floodplain boundary line, information and spot elevations concerning the one-hundred-year flood elevations, and information concerning the flow of water, including direction and velocities.
[7]
The location of all proposed buildings, structures, utilities, and any other improvements.
[8]
Any other information which the municipality considers necessary for adequate review of the application.
(d)
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale, showing the following:
[1]
Sufficiently detailed architectural or engineering drawings, including flood plans, sections, and exterior building elevations, as appropriate.
[2]
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.
[3]
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the one-hundred-year flood.
[4]
Detailed information concerning any proposed floodproofing measures.
[5]
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths.
[6]
Profile drawings for all proposed streets, drives, and vehicular accessways including existing and proposed grades.
[7]
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
(e)
The following data and documentation:
[1]
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.
[2]
Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood.
[3]
A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one-hundred-year flood, including a statement concerning the effects such pollution may have on a human life.
[4]
A statement certified by a registered professional engineer, architect, or landscape architect which contains a complete and accurate description of the effects the proposed development will have on one-hundred-year flood elevations and flows.
[5]
A statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-year flood elevation and the effects such materials and debris may have on one-hundred-year flood elevations and flows.
[6]
The appropriate component to the Department of Environmental Protection's "Planning Module for Land Development".
[7]
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
[8]
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166.
[9]
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.
(2)
Application review procedures. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply, in addition to those of Article II:
(a)
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall be forwarded to the Borough Planning Commission and Borough Engineer for review and comment.
(b)
If an application is received that is incomplete, the Borough shall notify the applicant in writing of the reasons for the disapproval.
(c)
If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(d)
If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered or certified mail, within five working days after the date of approval.
(e)
Before issuing the special permit, the Borough shall allow the Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and decision made by the Borough.
(f)
If the Borough does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.
(g)
If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue the special permit.
(3)
Special technical requirements.
(a)
In addition to the requirements of Article IV of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between and of the following requirements and those in Article IV of this chapter or in any other code, ordinance, or regulations, the more restrictive provision shall apply.
(b)
No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed, and maintained in a manner which will:
[1]
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, and located so that:
[a]
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.
[b]
The lowest floor (including basement) elevation will be at least 1 1/2 feet above the one-hundred-year flood elevation.
[c]
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the one-hundred-year flood.
[2]
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
(c)
All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough and the Department of Community and Economic Development.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
§ 70-41 Existing structures in identified floodplain areas.
Structures existing in any identified floodplain area prior to the enactment of this Article 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 flood heights.
B.
Any modification, alteration, reconstruction or improvement of any kind to an existing structure to an extent or amount of 50% gross area of structure constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Article.
C.
Any modification, alteration, reconstruction or improvement of any kind to an existing structure to an extent or amount of less than 50% of gross area of the structure shall be elevated and/or floodproofed to the greatest extent possible.
§ 70-42 Administrative variances.
A.
General. If compliance with any of the requirements of this Article would result in an exceptional hardship for a prospective builder, developer or landowner, the Borough may, upon request, grant relief from the strict application of the requirements.
B.
Variance procedures and requirements.
(1)
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 elevation.
(3)
If granted, a variance shall involve only the least modification necessary to provide relief.
(4)
In granting any variance, the Borough 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 Article.
(6)
In reviewing any request for a variance, the Borough shall consider, but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional hardship to the applicant.
(c)
That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense, nor create nuisances, cause fraud on or victimize the public or conflict with any other applicable state statute or regulations or local ordinance or regulation.
(7)
A complete record of all variance requests and related actions shall be maintained by the Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency.
C.
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.
§ 70-43 Definitions.
A.
General. Unless specifically defined below, words and phrases used in this Article shall be interpreted so as to give this Article its most reasonable application.
B. ACCESSORY USE OR STRUCTURE BASEMENT BUILDING COMPLETELY DRY SPACE CONSTRUCTION DEVELOPMENT ESSENTIALLY DRY SPACE FLOOD FLOODPLAIN FLOODPROOFING FLOODWAY HISTORIC STRUCTURE(1) (2) (3) (4) IDENTIFIED FLOODPLAIN AREA LAND DEVELOPMENT(1) (2) LOWEST FLOOR MINOR REPAIR MOBILE HOME MOBILE HOME PARK NEW CONSTRUCTION OBSTRUCTION ONE-HUNDRED YEAR FLOOD PERSON REGULATORY FLOOD ELEVATION STRUCTURE SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2)
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.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
A combination of materials to form a permanent structure having walls and a roof; included shall be all mobile 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.
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations 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 designed area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
Any structure that is:
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
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 preliminary 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 the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
A floodplain area specifically identified in this Article as being inundated by the one-hundred-year flood; included would be areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain (FA).
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 buildings or the division or allocation of land or space between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leasehold, 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 chapter.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
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 or 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.
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.
A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient use.
Structures for which the start of construction commenced on or after March 18, 1980, and includes any subsequent improvements thereto.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or flood-prone area, which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or which is placed where the flow of the water might carry the same downstream to the damage of life and property.
A flood that, on the average, is likely to occur once every one-hundred-years (i.e., that has a one-percent 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, government unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
The one-hundred-year flood elevation, plus a freeboard safety factor of 1 1/2 feet.
Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, shed, mobile 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, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be expected.
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.
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage (or repetitive loss when a repetitive loss provision is used) regardless of the actual repair work performed. The term does not, however, include either:
[Added 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
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 a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.