Chapter 49
FLOODPLAIN MANAGEMENT
ARTICLE I
General Provisions
§ 49 - 1. Intent.
§ 49 - 2. Applicability.
§ 49 -3. Abrogation and greater
restrictions.
§ 49 - 4 Warning and disclaimer of
liability.
§ 49 - 5. Definitions.
ARTICLE II
Administration
§ 49 - 6. Building permit required.
§ 49 - 7 Issuance of building permit.
§ 49 - 8 Application procedures and
requirements.
§ 49 - 9 . Review of application by others.
§ 49-10. Changes.
§ 49-11. Start of construction.
§ 49-12. Inspections; revocation of
permit.
§ 49-13. Fees.
§ 49-14. Enforcement; violations and
penalties.
§ 49-15. Appeals.
ARTICLE III
Identification of Floodplain Areas
§ 49-16. Identified floodplain area.
§ 49-17. Description of floodplain areasldistricts.
§ 49-18. Revisions.
§ 49-19. Disputes.
ARTICLE IV
General Technical Requirements
§ 49-20. General standards.
§ 49-21 Design and construction standards
. § 49-22. Development which may
endanger human life
§ 49-23.
. . Special requirements for manufactured homes.
ARTICLE V
Activities Requiring Special Permits
§ 49-24. Special permit required.
§ 49-25. Application requirements for
special permits.
§ 49-26. Application review procedures.
§ 49-27. Special technical requirements.
ARTICLE VI
Existing Structures in
Identified Floodplain Areas
§ 49-28. Effect on existing structures.
§ 49-29. Improvements.
ARTICLE VII Variances
§ 49-30. Request for relief.
§ 49-31. Variance procedures and conditions.
[HISTORY: Adopted by the Borough Council of the Borough of Callery 4-6-1989 by Ord. No. 77. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction See Ch. 31. Zoning See CH. 93.
ARTICLE I
General Provisions
§ 49-1. Intent.
The intent of this chapter 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.
§ 49-2. 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 building permit has been obtained from the Building Pennit Officer.
B. A building permit shall not be required for minor repairs to existing buildings or structures.
§ 49-3. Abrogation and greater restrictions.
This chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.
§ 49-4. Warning and disclaimer of liability.
A. 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 be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain area, or that land uses permitted within such areas, will be free from flooding or flood damages.
B. 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 administrative decision lawfully made thereunder.
§ 49-5. Definitions.
As used in this chapter, the following tenns shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE -A use or structure on the saIne lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BUILDING -A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation. [Amended 4-6- 1989 by Ord. No. 83]
CONSTRUCTION -The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes. [Amended 4-6-1989 by Ord. No. 83]
DEVELOPMENT -Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land. [Amended 4-6-1989 by Ord. No. 83]
FLOODING -A temporary inundation of nonnally dry land areas.
FLOODPLAIN AREA -A relatively flat or low land area wmch is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING -Any combination of structural and nonstructural additions, changes, or adjustments to structures wmch reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
MANUFACTURED HOME -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 affixed 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 includes park trailers, travel trailers, and other similar vehicles which are placed on a site for more than 180 consecutive days. [Amended 4-6-1989 by Ord. No. 83]
MANUFACTURED HOME PARK -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. [Amended 4-6-1989 by Ord. No. 83]
MINOR REPAIR -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.
ONE-HUNDRED-YEAR FLOOD -A flood that, on the average, is likely to occur once every 100 years (i.e., that has one-percent chance of occurring each year, although the flood may occur in any year.)
REGULATORY FLOOD ELEVATION -The one-hundred-year-flood elevation plus a freeboard safety factor of 1V2 feet.
SPECIAL PERMIT -A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and substantial improvements to such existing parks, when such development is located in all, or a designated portion of, the floodplain. [Amended 4-6-1989 by Ord. No. 83]
STRUCTURE -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. [Amended 4-6- 1989 by Ord. No. 83]
SUBDIVISION -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 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 residential dwellings, shall be exempted.
SUBSTANTIAL IMPROVE:rv1ENT -Any repair, reconstruction, or improvement of a 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.
ARTICLE II
Administration
§ 49-6. Building permit required.
Building pennits shall be required before any construction or development is undertaken within any area of the Borough.
§ 49-7. Issuance of building permit.
A. The Building Official shall issue a building pennit only after it has been detennined that the proposed work to be undertaken will be in conformance with the requirements of this chapter and all other applicable codes and ordinances.
B. Prior to the issuance of any building pennit the Building Official shall review the application for permits to detennine if all other necessary government pennits 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 Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended)2; the Pennsylvania Clean Streams Act (Act 1937-394, as amended)3; the United States Clean Water Act, Section 404,33 § U.S.C. 1344. No permit shall be issued until this determination has been made. It shall be the responsibility of the applicant, and not the Building Official, to obtain all such necessary or other government permits.
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 perlluts or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.
D. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community Affairs and Economic Development, Bureau of Community Planning, shall be notified by the Borough prior to any alteration or relocation of any watercourse.
§ 49-8. Application procedures and requirements.
A. Application for such building permit shall be made, in writing, to the Building Permit Official on forms supplied by the Borough.
B. If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for Building Permits shall provide all the necessary information in sufficient detail and clarity to enable the Building Official to determine that:
(1) All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this chapter 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.
C. Applicants shall file the following minimum information plus any other pertinent infonnation as may be required by the Building Official to make the above determination:
( 1) A completed building permit application form.
(2) A small scale map showing the vicinity in which the proposed site is located.
(3) 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 based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet;
(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; and any other natural and man-made features affecting, or affected by, the proposed activity or development;
(e) The location of all existing streets, drives, and other accessways; and parking areas, with information concerning widths, pavement types, and construction and elevations;
(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.
(4) Plans of all proposed buildings, structures, roadway work, and other improvements, drawn at suitable scale showing the following:
(a) The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929 and, as required, the elevation of any other floors;
(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; and
(d) Detailed information concerning any proposed floodproofing measures.
(5) 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 elevation, 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) Detailed information needed to determine compliance with § 49-21F, Storage, and
§ 49-22, Development which may endanger human life, including:
[1] The amount, location, and purpose of any dangerous materials or substances which are intended to be used, produced, stored, or otherwise maintained on site.
[2] 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 § 49-22 during a one-hundred-year flood.
(c) The appropriate component of the Department of Environmental Protection's "Planning Module of Land Development."
(d) 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.
(e) Documentation, cel1ified by a registered professional engineer or architect, to show that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one- hundred-year flood more than one foot at any point. [Added 4-6-1989 by Ord. No. 83]
(6) 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 applicant to the County Conservation District for review and comment prior to applying for a building permit. The recommendations of the Conservation District shall be submitted and considered by the Building Official prior to issuance of a building permit.
§ 49-9. 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 Building Official to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment.
§ 49-10. Changes.
After the issuance of a building permit by the Building Official, 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 Building Official. Requests for any such change shall be in writing, and shall be submitted by the applicant to Building Permit Official for consideration.
§ 49-11. Start of construction.
A. Work on the proposed construction and/or development shall begin within six months and shall be completed within 12 months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Building Official. Construction and/or development shall be considered to have started with the preparation of and, land clearing, grading, filling, excavation for basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas, and water pipes, or electrical or other service lines from the street.
B. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Building Official to approve such a request.
§ 49-12. Inspections; revocation of permit.
A. During the construction period, the Building Official or other authorized officials shall inspect the premises to detennine that the work is progressing in compliance with the infonnation provided on the pemut application and with all applicable Borough 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 Building Official shall have the authority to enter any building, structure, premises, or development in the identified flood-prone area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
C. In the event the Building Official discovers that the work does not comply with the pennit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Building Pennit Official shall revoke the building pennit and report such fact to the Council for whatever action it considers necessary.
D. During construction the Building Official may require that the applicant/developer provide a certification by a qualified engineer or surveyor that all buildings and structures are being built in conformance with the required elevations as approved in the building pennit.
E. A record of all such inspections and violations of this chapter shall be maintained.
§ 49-13. Fees.
Applications for a building pennit shall be accompanied by a fee as shall be established by resolution of the Borough Council.
§ 49-14. Enforcement; violations and penalties.
A. Notices. Whenever the Building Official or other authorized municipal representative detennines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, or of any regulation adopted pursuant thereto, the Building Official shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for its issuance;
(3) Allow a reasonable time not to exceed a period of 30 days for the performance of any act it reguires;
(4) Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;
(5) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
B. Penalties. Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order or direction of the Building Official or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of not less than $25 nor more than $600, plus costs of prosecution. In default of such payment, such person shall be imprisoned in the county prison for a period not to exceed 30 days. Each day during which any violation of this chapter continues shall constitute a separate offense. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or pennit it to continue and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this chapter may be declared by the Council to be a public nuisance and abatable as such.4
§ 49-15. Appeals.
A. Questions involving the administration of the provisions of this chapter may be appealed to the Council. Such appeal must be filed, in writing, witmn 30 days after the decision or action of the Building Pennit Official.
B. Upon request of such appeal the Council shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of considering the appeal. Notice of the time and place at which the appeal 
will be considered shall be given to all parties.
will be considered shall be given to all parties.C. Any person aggrieved by any decision of the Council may seek relief therefrom by appeal to court, as provided by the laws of this Commonwealth including the Pennsylvania Flood Plain Management Act.5
ARTICLE III
Identification of Floodplain Areas
§ 49-16. Identified floodplain area. [Amended 4-6-1989 by Ord. No. 83]
The identified floodplain area shall be those areas of Callery Borough which are subject to the one-hundred-year flood, as shown on the Flood Insurance Rate Map (FIRM) which accompanies the Flood Insurance Study (FIS) prepared for the Borough by the Federal Emergency Management Agency (FEMA), dated August 9, 1974, or the most recent revision thereof.
§ 49-17. Description of floodplain areas/districts. [Amended 4-6-1989 by Ord. No. 83]
The identified floodplain area shall consist of the following two specific areas/districts:
A. The AE ArealDistrict shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which one-hundred-year-flood elevations have been provided in the FIS.
B. The A ArealDistrict shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by the FEMA and for which no one-hundred-year-flood elevations have been provided. For these areas, elevation and floodway infonnation from other federal, state, or other acceptable source shall be used when available.
(1) Where other acceptable information is not available, the elevation shall be detennined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
(2) 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 other of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted to sufficient detail to allow a thorough technical review by the municipality.
§ 49-18. Revisions.
The identified floodplain area may be revised or modified by the 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 Insurance Administration (PIA).
§ 49-19. Disputes.
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Council. The burden of proof shall be on the applicant.
ARTICLE IV
General Technical Requirements
§ 49-20. General standards.
A. In the identified floodplain area, the development and/or use of any land shall be permitted, provided that the development and/or use complies with the restrictions and requirements of this chapter and all other applicable codes and ordinances in force in the municipality.
B. Within any identified floodplain area, 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, Bureau of Dams and Waterway Management.
C. Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved residential structure, shall be 1V2 feet or more above the one-hundred-year-flood elevation.
D. Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved nonresidential structure shall be 1V2 feet or more above the one-hundred-year- flood elevation or be floodproofed up to that height. Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1l/2 feet above the one-hundred-year-flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the WI or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations," published by the United States Anny Corps of Engineers (June 1972), 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 by a statement certified by a registered professional or architect which states that the proposed design and methods of construction are in confonnance with the above- referenced standards. [Amended 4-6-1989 by Ord. No. 83]
E. Within any floodway area, no new construction or development shall be permitted that would cause any increase in the one-hundred-year-flood elevation. [Added 4-6-1989 by Ord. No. 83]
F. Within any AE ArealDistrict, no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point. [Added 4-6-1989 by Ord. No. 83]
G. Enclosures below the lowest floor (including basement) are prohibited. [Added 4-6-1989 by Ord. No. 83]
§ 49-21. 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 Building Permit Official; and
(5) Be used to extent to which it does not adversely affect adjacent properties.
B. Drainage facilities. Stonn drainage facilities shall be designed to convey the flow of stonnwater runoff in a safe and efficient manner. The system shall insure proper 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 anyon-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 pemutted, it shall be located so as to avoid impainnent to it, or contamination from it, during a flood.
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 impainnent 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 § 49-22, 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 finnly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) All ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I. Floors, walls, and ceilings.
(1) Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(2) Plywood used at or below the regulatory flood elevation shall be of a "marine" or water-resistant variety.
(3) Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(4) Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
J. Paints and adhesives.
(1) Paints or 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 or other finishing material.
K. Electrical components.
(1) Electrical distribution panels shall be at least three feet above the one-hundred-yearflood elevation.
(2) Separate electrical circuits shall serve lower levels and shall be dropped from above.
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.
M. Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
N. Special requirement for the AE ArealDistrict. Within any AE AreaJDistrict, no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point. [Added 4-6-1989 by Ord. No. 83]
§ 49-22. Development which may endanger human life.
A. In accordance with the Pennsylvania Flood Plain Management Act6 and the regulations adopted by the Department of Community Affairs 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 aplicable provisions.
The following is a list of materials and substances which are considered dangerous to human life:
(1) Acetone.
(2) Ammonia.
(3) Benzene.
(4) Calciunl carbide.
(5) Carbon disulfide.
(6) Celluloid.
(7) Potassium.
(8) Hydrochloric acid.
(9) Hydrocyanic acid.
(10) Magnesium.
(11) Nitric acid and oxides of nitrogen.
(12) Petroleum products (gasoline, fuel oil, etc.)
(13) Phosphorus.
(14) Sodium.
(15) Sulfur and sulfur products.
(16) Pesticides (including insecticides, fungicides, and rodenticides).
(17) Radioactive substances, insofar as such substances are not otherwise regulated.
B. Within any identified 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.
C. Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A, above, shall be:
(1) Elevated or designed and constructed to remain completely dry up to at least 1V2 feet above the one-hundred-year flood; and
(2) Designed to prevent pollution from the structure or activity during the course of a one-hundred- year flood.
D. 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), or with some other equivalent watertight standard.
§ 49-23. Special requirements for manufactured homes. [Amended 4-6-1989 by Ord. No. 83]
A. Within any identified floodplain area, all manufactured homes and any additions thereto shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
B. Where permitted within any identified floodplain area, all manufactured homes and additions thereto shall be:
(1) Placed on a pennanent foundation.
(2) Elevated so that the lowest floor of the manufactured home is 11/2 feet or more above the elevation of the one-hundred-year flood.
(3) Anchored to resist flotation, collapse, or lateral movement.
ARTICLE V
Activities Requiring Special Permits
§ 49-24. Special permit required.
In accordance with the administrative regulations promulgated by the Department of Community Affairs and Economic Development to implement the Pennsylvania Flood Plain Management Act,7 the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Borough.
A. The commencement of any of the following activities~ or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
(1) Hospitals.
(2) Nursing homes.
(3) Jails or prisons.
B. The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision. [Amended 4-6-1989 by Ord. No. 83]
§ 49-25. Application requirements for special permits.
Applicants for special permits shall provide five copies of the following items:
A. All information contained in § 49-8C of this chapter~
B. The location of the floodplain boundary lines, information and spot elevations concerning the one-hundred-year flood elevations, and information concerning the flow of water including direction and velocities;
C. Sufficiently detailed architectural or engineering drawings including floor plans, sections, and exterior building elevations, as appropriate;
D. Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the one-hundred-year flood;
E. Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;
F. Profile drawings for all proposed streets, drives, and vehicular accessways, including existing and proposed grades;
G. Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
H. 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;
I . A statement, certified by a registered professional engineer or architect 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;
J. A statement certified by a registered professional engineer or architect which contains a complete and accurate description of the effects the proposed development will have on one- hundred-year-flood elevations and flows;
K. A statement, certified by a registered professional engineer or architect which contains a complete and accurate description of the kinds of amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-yearflood elevation and the effects such materials and debris may have one one-hundred-yearflood elevations and flows:
L. 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 1978-1668; and
M. 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.
§ 49-26. 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.
B. If an application is received that is incomplete, the Borough shall notify the applicant in writing, stating in what respect the application is deficient.
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 Affairs 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 Affairs 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 Affairs and Economic Development during the thirty-day review period, it may issue the special permit.
§ 49-27. Special technical requirements.
A. In addition to the requirements of Article IV of this chapter, the following Illlnlmum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Article IV of this chapter or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
B. No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed, and maintained in a manner which will:
(1) Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:
(a) The structure will survive inundation by waters of the 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 elevation will be at least llf2 feet above the one-hundred-yearflood 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 a professional engineer 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 Affairs and Economic Development.
ARTICLE VI
Existing Structures in Identified Floodplain Areas
§ 49-28. Effect on existing structures.
The provisions of this chapter 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 § 49-29 shall apply.
§ 49-29. Improvements.
The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
A. 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 chapter.
ARTICLE VII
Variances
§ 49-30. Request for relief.
If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer, or landowner, the Borough may, upon request, grant relief from the strict application of the requirements.
§ 49-31. Variance procedures and conditions.
A. Requests for variances shall be considered by the Borough as in § 49-15 and the following:
(1) Except for a possible modification of the 1V2 foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special pennit (Article V) or the development which may endanger human life (§ 49-22).
(2) If granted, a variance shall involve only the least modification necessary to provide relief.
(3) 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 chapter.
(4)Whenever a variance is granted, the Borough shall notify the applicant in writing that:
(a) The granting of the variance may result in increased premium rates for flood insurance.
(b) Such variances may increase the risks to life and property.
(5) In reviewing any request for a variance, the Borough shall consider, at a minimum 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 crease nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(6) 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 Insurance Administration.
(7) 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. [Added 4-6-1989 by Ord. No. 83]
(8) No variance shall be granted for any construction, development, use, or activity within any AE 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. [Added 4-6-1989 by Ord. No. 83]
B. 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.
