Chapter 27 – Part 4 – F-P, Floodplain

Download PDF

PART 4

 

F-P, FLOODPLAIN

§401.  GENERAL
PROVISIONS.

1.       Purpose.  The purpose of these provisions is to prevent
the loss of property and life, the creation of health and safety hazards, the
disruption of commerce and governmen­tal services, the extraordinary and
unnecessary expenditure of public funds for flood protection and relief and the
impair­ment of the tax base by:

A.       Regulating uses, activities and
development which, acting alone or in combina­tion with other existing or
future uses, activities and development, will cause unacceptable increases in
flood heights, velocities and frequencies. 

B.       Restricting or prohibiting certain uses,
activities and development from locating within areas subject to flooding. 

C.       Requiring all those uses, activities and
development that do occur in floodprone areas to be protected and/or
floodproofed against flooding and flood damage. 

D.      Protecting individuals from buying lands
and structures which are unsuited for intended purposes because of flood
hazards. 

2.       Applicability.  These provisions shall apply to all lands
with­in the jurisdiction of Hampden Township
and shown on the Official Zon­ing Map as being located within the boundaries of
any floodplain area determined by the Federal Emergency Management Agency
(FEMA) and approved by the Township Commission­ers.   [Ord. 93-10]

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

4.       Warning and Disclaimer of Liability.  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 on rare
occasions.  Flood heights may be
increased by manmade or natural causes such as ice jams and bridge openings
restricted by debris.  This Chapter does
not imply that land outside the floodplain areas or that land uses permitted
within such areas will be free from flooding or flood damages.

5.       This Part shall not create liability on
the part of Hampden Township
or any officer or employee thereof for any flood damages that result from
reliance on this Part or any administrative decision lawfully made
thereunder. 

6.         Abrogation
and Greater Restrictions.
  This Part
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 Part, the more restrictive shall
apply. 

(Ord. 84­‑2,
3/29/1984, §400; as amended by Ord. 93-10, 6/1/1993, §2; and by Ord.
09-07
, 04/02/2009, §1(A)).

 

§402. ESTABLISHMENT
OF FLOOD ZONING AREAS.

1.       Description of Areas.

A.       Basis of Flood Areas.  The identified floodplain areas shall be
those areas of the Township
of Hampden which are
subject to the 100 year flood as identified in the Flood Insurance Study (FIS)
prepared for said Township by the Federal Emergency Management Agency (FEMA)
dated March 16, 2009,
and any subsequent revisions thereof.  [Ord.
09-05]

(1)      FW (Floodway Area).

(a)      Those areas identi­fied as
“Floodway” in the AE Zone in the Flood Insurance Study prepared by
FEMA. The term shall also include floodway areas which have been identi­fied in
other available studies or sources of information for those floodplain areas
where no floodway has been identified in the Flood Insurance Study.

(b)      For the purpose of this Part, the floodway
is based upon the criteria that a specific area within the floodplain would be
capable of carrying the water of the 100 year flood with­out increasing the
water surface elevation of that flood more than 1 foot at any point.

(2)      FF (Flood‑Fringe Area). 

(a)      The remaining portions of the 100 year
flood­plain in those areas identified as an AE Zone in the Flood Insurance
Study where a floodplain has been delineat­ed.

(b)      The basis for the outermost boundary of
this area shall be the 100 year flood elevations as shown in the flood pro­files
contained in the Flood Insurance Study.

[Ord.
93-10
]

(3)      FA (General Floodplain Area) shall be that
floodway area for which no detailed flood elevations or floodway information
have been provided. They are shown as “Zone A” on the maps
accompanying the FIS prepared by the FIA.  Where available, floodway information from
other sources shall be used.  Where the
spe­cific 100 year flood elevation cannot be determined for this area by the Zoning
Officer to his satis­faction, using other sources of data such as the US Army
Corps of Engineers, Floodplain Information Reports, or the US Geological Survey
Flood Prone Quadran­gles, then the Zoning Officer may require the applicant for
the proposed use, development or activity to determine the elevation in accordance
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. 
All such studies, analyses,
or computa­tions shall be submit­ted in sufficient detail to allow a thorough
tech­nical review by the Township.  [Ord.
92-5
]

B.       Overlay Concept.

(1)      The floodplain areas described above shall
be overlays to the existing underlying districts as shown on the official Hampden Township Zoning Map and, as such, the
provisions for the floodplain areas shall serve as a supplement to the underlying
district provi­sions. 

(2)      In the event of any conflict between the
provisions or requirements of any of the floodplain areas and those of any
underlying zoning district, the more restrictive provisions shall apply. 

(3)      In the event any provision concerning a
flood­plain area is declared inapplicable or illegal as a result of any
legislative or administrative actions or judicial decision, the regulations of
the under­lying district shall remain applicable. 

2.       Zoning Map.  The boundaries of the floodplain areas are
estab­lished as shown on the Floodway Boundary Map which is declared to be a
part of this Chapter and which shall be kept on file at the Hampden Township Office. 

3.       Interpretation of Area Boundaries.  Initial interpreta­tions of the boundaries of
the floodplain areas shall be made by the Zoning Officer.  Should an applicant dispute the boundaries of
any of the areas, the Zoning Hearing Board shall make the necessary determina­tion.  The person ques­tioning or contesting the
location of the area boundary shall be given a reasonable opportunity to
present his case to the Board and to submit his own technical evidence if he so
desires. 

4.       Boundary Changes. The
determination of any of the flood­plain areas may be revised by the Township
Commissioners where natural or manmade changes have occurred or more detailed
studies conducted or undertaken by the US Army Corps of Engineers River Basin
Commission or other qualified agency or individual and such studies provide the
basis for such change.  However, prior to
any such change, approval must be obtained from the Federal Insurance
Administration (FIA).

(Ord. 84‑2,
3/29/84, §401; as amended by Ord. 92-5, 2/4/1992, §3; by Ord. 93-10,
6/1/1993, §2B; and by Ord. 09-05, 02/26/2009, §1.)

§403. AREA PROVISIONS.

1.       General.

A.       All
uses, activities and development occurring within any floodplain area shall be
undertaken only in strict compli­ance with the provisions of this Chapter and
with all other applica­ble codes and ordinances, such as the Hampden Township Building Code [Chapter 5], and the Hampden Township Land Development Ordinance [Chap­ter 22].  [Ord. 98-7]

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

C.       Prior to any proposed alteration or
relocation of any stream or watercourse within the Township, any required
permit shall be obtained from the Depart­ment of Environ­mental Protection,
Dams and Encroachment Division.  Further,
documentation shall be submitted, substantiat­ing that notification of the
proposal has been given to all affected adjacent municipalities.  The Federal Insurance Administration and the Department
of Community and Economic Development or its successors shall also be notified
in advance of any such alteration or relocation.  [Ord. 98-7]

2.       Floodway Area (FW).  Within any FW (Floodway Area), the follow­ing
provisions shall apply:  [Ord. 93-10]

A.       Any new construction, development, use,
activity or encroach­ment which would cause any increase in flood height shall
be prohibited.  [Ord. 93-10]

B.       No new construction or development shall
be allowed, unless a permit is obtained from the Commonwealth of Pennsylvania,
Department of Environmen­tal Protection, Bureau of Dams and Waterway
Management.  [Ord. 98-7]

C.       Permitted Uses.  In the Floodway Area, the following uses and
activities are permitted, provided they are in compliance with the provisions
of the underlying district and are not prohibited by any other ordinance and
provided that they do not require structures, fill or storage of materials and
equipment:

(1)      Agricultural uses such as general farming,
pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forest­ry,
sod farming and wild crop harvesting. 

(2)      Public and private recreational uses and
activities such as parks, day camps, picnic grounds, golf courses, boat
launching and swimming areas, hiking, horseback riding trails, wildlife and na­ture
pre­serves, game farms, fish hatcheries, trap and skeet game ranges and hunting
and fishing areas.

(3)      Accessory residential uses such as yard
areas, gardens, play areas and porous paving areas. 

(4)      Accessory industrial and commercial uses
such as yard areas, porous paving and loading areas, air­port landing strips,
etc. 

D.      Uses Permitted by Special Exception.  The following uses and activities may be permitted
by special exception provided that they are in compliance with the provisions
of the underlying district and are not prohibited by any other provision of
this Chapter:

(1)      Structures except for manufactured homes
accessory to the uses and activities in §402, above.   [Ord. 93-10]

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

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

(4)      Extrication of sand, gravel and other
materials. 

(5)      Temporary uses such as circuses, carnivals
and similar activities. 

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

(7)      Other similar uses and activities provided
they cause no increase in flood heights or velocities.  All
uses, activities and structural developments shall be undertaken in strict
compliance with the floodproofing provisions contained in all other applicable
codes and ordinances. 

3.       Floodfringe Area (FF). In the
Floodfringe Area (FF), the devel­opment and use of land shall be permitted in
accordance with the regula­tions of the underlying district provided that all
such uses, activi­ties or development shall be undertaken in strict compliance
with the floodproofing and related provisions contained in all other applicable
codes and ordinances and further provided that manufactured homes shall not be
permitted in Floodfringe Areas.    [Ord.
93-10
]

4.       General Floodplain Area (FA).  In the General Floodplain Area (FA),
development or use of land shall be permitted in accor­dance with the
regulations of the underlying zoning district provided that all such uses,
activities or develop­ment shall be undertaken in strict compliance with the
floodproofing and related provisions contained in all other applicable codes
and ordinances.  However, no new
construction or development shall be located within the area measured fifty
(50) feet landward from the top-of-bank of any watercourse, unless a
permit is obtained from the Department of Environmental Protection Regional
Office.   [Ord. 09-05]

(Ord. 84‑2,
3/29/84, §402; as amended by Ord. 93-10, 6/1/1993, §2; by Ord. 98-7,
8/27/1998; and by Ord. 09-05, 02/26/2009, §1.)

§404. SPECIAL
EXCEPTIONS AND VARIANCES;
ADDITIONAL FACTORS TO BE CONSIDERED.
 

1.       In passing upon applications for special
exceptions and varianc­es, the Zoning Hearing Board shall consider all relevant
factors and procedures specified in other Sections of this Chapter and:

 A.      The
danger to life and property due to increased flood heights or velocities caused
by encroachments.  No special exceptions
or variance shall be granted in any floodway for any proposed use, development
or activity that will cause any increase in flood levels during the 100 y­ear
flood. 

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

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

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

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

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

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

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

I.        The relationship of the proposed use to
the compre­hen­sive plan and floodplain management program for the area. 

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

K.      The expected height, velocity, duration,
rate of rise and sedi­ment transport of the floodwaters expected at the
site. 

L.       The effect upon the Township flood
insurance program.

M.      Such other factors which are relevant to
the purposes of this Chapter. 

2.       The Zoning Hearing Board may refer any
application and accompa­nying documenta­tion pertaining to any request for a
special exception or variance to any engineer or other qualified person or
agency for techni­cal assistance in evaluating the proposed project in relation
to flood heights and velocities and the adequacy of the plans for protection
and other related matters. 

3.       Special exceptions and/or variances shall
only be issued after the Zoning Hearing Board has determined that the granting
of such will not result in:

A.       Unacceptable or prohibited increase in
flood heights.

B.       Additional threats to public safety.

C.       Extraordinary public expense.

D.      The creation of nuisances.

E.       The fraud or victimization of the public.

F.       Jeopardy to the Township flood insurance
program.

G.      Conflict with local laws or
ordinances. 

4.       Except for a possible modification of the
one and one half (1-1/2) foot freeboard requirement involved, no variance shall
be granted for any of the other requirements pertaining specifically to
development regulated by Special Permit (Section 406) or to Development Which
May Endanger Human Life (Section 405). 

5.        If granted, a variance
shall involve only the least modification necessary to provide relief. 

6.         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
Ordinance.

7.         Whenever
a variance is granted, the Zoning Hearing Board 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. 

8.         In
reviewing any request for a variance, the Zoning Hearing Board shall consider,
at a minimum, whether there is good and sufficient cause and whether failure to
grant the variances would result in exceptional hardship to the applicant. 

9.         A
complete record of all variance requests and related actions shall be
maintained by the Township.  In addition,
a report of all variances granted during the year shall be included in the
annual report to the Federal Emergency Management Agency.

10.       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 (100)
year flood elevation.

11.       No
variance shall be granted for any construction, development, use or activity
within any FE area that would, together with all other existing and anticipated
development, increase the one hundred (100) year flood elevation more than one
(1) foot at any point. 

12.       Requests
for variances shall be considered by the Zoning Hearing Board of Hampden Township in accordance with the procedures
contained in this Chapter 27 and as set forth in this Section 404.

Notwithstanding any of the above, however,
all structures shall be designed and constructed so as to have the capability
of resisting the one hundred (100) year flood. 

(Ord. 84‑2,
3/29/1984, §403; as amended by Ord. 09-05, 02/26/2009, §1; and by Ord.
09-07
, §1(B)).

§405. DEVELOPMENT
WHICH MAY ENDANGER HUMAN LIFE.

1.       In accordance with the Pennsylvania
Floodplain Manage­ment Act and the regulations adopted by the Department of
Community and Economic Development or its successors 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 material or substances or which
will be used for any activity requiring the maintenance of a supply (more than
550 gallons or other comparable volume or any amount of radioactive
substances) of any of the following materials or substances on the premises,
shall be subject to the provi­sions of this Section, in addition to all other
applicable provisions:  [Ord. 98-7]

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.

2.       Within any Floodway Area (FW), any
structure of the kind de­scribed in §405(1) above, shall be prohibited.

3.       Where permitted within any Floodfringe
Area (FF) or General Floodplain Area (FA), any structure of the kind de­scribed
in §405(1) above, shall be:

A.       Elevated or designed and constructed to
remain complete­ly dry up to at least 1 1/2 feet above the 1­00 year
flood.

B.       Designed to prevent pollution from the
structure or activity during the course of a 100 year flood.  Any such struc­ture or part thereof that will
be built below the regulatory flood elevation shall be designed and constructed
in accordance with the standards for completely dry floodproofing contained in
the publica­tion “Floodproofing Regulations” (US Army Corps of
Engineers, June 1972 as amended March 1992) or with some other
equivalent watertight stan­dard.  [Ord.
09-05]

4.       Within any General Floodplain Area (FA), no
structure, construction or development shall be located within the area
measured fifty (50) feet landward from the top-of-bank of any watercourse.  [Ord. 09-05]

5.       Except for a possible modification of the
freeboard require­ments involved, no variance shall be granted for any of the
other require­ments of this Section. 

(Ord. 84‑2,
3/29/1984, §404; as amended by Ord. 98-7, 8/27/1998; and by Ord.
09-05
, 02/26/2009, §1.)

§406. ACTIVITIES
REQUIRING SPECIAL PERMITS.

1.       Identification of Activities Requiring
a Special Permit
.  In accordance with the Pennsylvania Floodplain
Manage­ment Act (Act 1978‑166) and regulations adopted by the Department
of Community and Economic Development or its successors as required by the Act,
the following obstructions and activi­ties are permitted only by special
permit, if located partially or entirely within any identi­fied floodplain
area.  [Ord. 98-7]

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 ‑ public or private.

(2)      Nursing homes ‑ public or private.

(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 any existing manufactured home park or manufactured home subdi­vision.    [Ord. 93-10]

2.       Application Requirements.  Applicants for special permits shall provide
ten copies to the Zoning Hearing Board of the following items: [Ord. 98-7]

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 1 inch being equal to 100 feet or less,
showing the following:

(1)      North arrow, scale and date.

(2)      Topography based upon the National
Geodetic Verti­cal Datum of 1929, showing existing and proposed contours at
intervals of 2 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 accessways 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 or
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 100 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 Township
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 floor 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 100 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 100 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 100 year flood, in­cluding a state­ment concerning the effects such
pollution may have on 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 100 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
100 year flood elevation and the effects such materials and debris may have on
100 year flood eleva­tions and flows.

(6)      The appropriate component of the
Department of Environ­mental Protection “Planning Module for Land
Development.”  [Ord. 98-7]

(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.  [Ord. 98-7]

(8)      Any other applicable permits such as, but
not limited to, a permit for any activity regulated by the Department of
Environmen­tal Protection to imple­ment and maintain erosion and sedimentation
con­trol.  [Ord. 98-7]

(9)      An evacuation plan which fully explains
the manner in which the site will be safely evacuated before or during the
course of a 100 year flood.

3.       Application Review Procedures.  Upon receipt of an applica­tion for a special
permit by the Township Manager, the following procedures shall apply in
addition to all other applicable permit procedures which are already
established:

A.       Within 3 working days following
receipt of the appli­cation, a complete copy of the application and all
accompanying documen­tation shall be forwarded to the Cumberland County
Planning Commission by registered or certified mail for its review and recommendations.   Copies of the ap­plica­tion shall also be
forward­ed to the Township Planning Commission and Township Engineer for review
and com­ment. 

B.       If an application is received that is
incomplete, the Town­ship Manager shall notify the applicant in writing,
stating in what respects the application is deficient. 

C.       If the Township decides to disapprove an
applica­tion, it shall notify the applicant in writing of the reasons for the
disapprov­al. 

D.      If the Township approves an application,
it shall file writ­ten notification, together with the application and all
pertinent infor­mation, with the Department of Community and Economic
Development or its successors by registered mail within 5 working days after
the date of approval.  [Ord. 98-7]

E.       Before issuing the special permit, the
Township shall allow the Department of Community and Economic Development or
its successors 30 days after receipt of the notification by the Department
to review the application and deci­sion made by the Township. [Ord. 98-7]

F.       If the Township does not receive any
communication from the Department of Community and Economic Development or its
successors during the 30 day review peri­od, it may issue a special permit to
the applicant.  [Ord. 98-7]

G.      If the Department of Community and
Economic Development or its successors should decide to disapprove an
application, it shall notify the Township and applicant in writing of the
reasons for the disap­proval and the Township shall not issue the special
permit.  [Ord. 98-7]

4.       Technical Requirements for Development
Requiring a Special Per­mit
.  In
addition to any other applicable requirements, the following provisions shall
also apply to the activities requiring a special per­mit.  If there is any conflict between any of the
following require­ments and any otherwise applicable provision, the more
restrictive provision shall apply. 

A.       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
designated, located and constructed so that:

(a)      The structure will survive inunda­tion by
waters of the 100 year flood without any lateral movement or damage to
either the structure itself or to any of its equipment or contents below the
100 year flood eleva­tion. 

(b)      The lowest floor elevation (includ­ing
basement) will be at least 1 1/2 feet above the 100 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 100 year flood. 

(2)      Prevent any significant possibility of
pollu­tion, in­creased flood levels or flow or debris endanger­ing life and
property. 

5.       Within any floodplain area, any structure
of the kind de­scribed in Section 406.1.A above shall be prohibited within
the area measured 50 feet landward from the top‑of‑­bank of any watercourse.  [Ord. 09-05]

6.       Except for a possible modification of the
freeboard require­ment involved, no variance shall be granted for any of the
other require­ments of this §406. 

(Ord. 84‑2,
3/29/1984, §405; as amended by Ord. 93-10, 6/1/1993, §2D; by Ord.
98-7
, 8/27/1998; and by Ord. 09-05, 02/26/2009, §1.)

§407. EXISTING
STRUCTURES IN FLOODPLAIN AREAS.
 

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

A.       Existing structures or uses located in
any floodway area shall not be expanded or enlarged unless the effect of the
proposed expansion or enlargement on flood heights is fully offset by accompanying
improve­ments. 

B.       Any modification, alteration, repair,
reconstruction or improve­ment of any kind to a structure or use located in any
floodplain area to an extent or amount of less than 50% of its market
value shall be elevated and/or floodproofed to the greatest extent possible
regardless of its location in the floodplain area. 

C.       The modification, alteration, repair,
reconstruction or improve­ment of any kind to a structure and/or use,
regardless of its location in a floodplain area, to an extent or amount of 50%
or more of its market value shall be undertaken only in full compliance with
the provisions of this Chapter and any other applicable ordi­nance. 

D.      No expansion or enlargement of an existing
structure shall be allowed within any FE area (Special Floodplain Area) that
would, together with all other existing and anticipated development, increase
the one hundred (100) year flood elevation more than one (1) foot at any point.

(Ord. 84‑2,
3/29/1984, §406; as amended by Ord. 09-07, 04/02/2009, §1(C)). 

 

 

§408  SPECIAL
REQUIREMENTS FOR MANUFACTURED HOMES.

1.         Where
permitted within any floodplain area, all manufactured homes, and any
improvements thereto, shall be:  f

            A.  placed on a permanent foundation. 

            B.   elevated so that the lowest floor of the
manufactured home is one and one half (1 ½) feet or more above the elevation of
the one hundred (100) year flood. 

            C.   anchored to resist flotation, collapse, or
lateral movement. 

            D.  installation of manufactured homes shall be
done in accordance with the manufacturers’ installation instructions as
provided by the manufacturer.  Where the
applicant cannot provide the above information, the requirements of Appendix E
of the 2003 International Residential Building Code or the U. S. Department of
Housing and Urban Development’s Permanent Foundations for Manufactured Housing,
1984 Edition, draft or latest revision thereto shall apply as well as 34 PA
Code Chapter 401-405.

            E.  Consideration shall be given to the
installation 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 Chapter 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 proposed installation. 

(Ord. 09-05, 02/26/2009,
§1)

§ 409.  ADMINISTRATION.  

1.         Building
Permits Required/Issuance of Building Permits
.

A.  Building
Permits shall be required before any construction or development is undertaken
within any area of the Township.  The
Building Code Official shall issue a building 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 zoning permit,
the Zoning 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 Clean Streams Act (Act 1937-394, as amended);
and the U. S. Clean Water Act, Section 404, 
33 U.S.C. Section 1344.  No permit
shall be issued until this determination has been made.  

2.         Application
Procedures and Requirements
.

            A.  Application for a building permit shall be
made, in writing, to the Building Code Official on forms supplied by the
Township.  Such application shall contain
the following:

                  1.   Name and address of applicant.

                  2.   Name and address of owner of land on which
proposed construction is to occur.

                  3.   Name and address of contractor. 

                  4.   Site location including address. 

                  5.   Listing of other permits required.  

                  6.   Brief description of proposed work and
estimated cost, including a breakout of the flood-related cost and the market
value of the building before the flood damage occurred.

                  7.   A plan of the site showing the exact size and
location of the proposed construction, as well as any existing buildings or
structures. 

            B.   If any proposed construction or development
is located entirely or partially within any identified floodplain area, an
applicant for a building permit shall provide all the necessary information in
sufficient detail and clarity to enable the Building Code Official 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.

            C.   Applicants shall file the following minimum
information plus any other pertinent information as may be required by the
Building Code Official to make the above determination:

                  1.   A completed building permit application form.

                  2.   A plan of the entire site, clearly and
legibly drawn at a scale of one (1) inch being equal to one hundred (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 access ways; and

                        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. 

                  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 (100) year
flood;

                        c.   if available, information concerning flood
depths, pressures, velocities, impact and uplift forces and other factors
associated with a one hundred (100) 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 pressures,
velocities, impact and uplift forces associated with the one hundred (100) year
flood.  Such statement shall include a
description of the type and extent of flood proofing measures which have been
incorporated into the design of the structure and/or the development.

                        b.   detailed information needed to determine
compliance with Section 410.2.F, Storage and Section 405, including:

                                (i)   the amount, location and purpose of any
materials or substances referred to in Sections 410.2.F and 405 which are
intended to be used, produced, stored or otherwise maintained on site. 

                                (ii)  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 Section 405 during a one hundred
(100) year flood. 

                        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.

                  5.   Review by County Conservation District.

                        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 Code Official to the Cumberland 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 Code Official for possible
incorporation into the proposed plan. 

                  6.   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 Code Official to any other appropriate agencies
and/or individuals (e.g. planning commission, municipal engineer, etc.) for
review and comment.

(Ord. 09-05, 02/26/2009,
§1; and as amended by Ord. 09-07, 04/02/2009, §1(D))

§410.    TECHNICAL PROVISIONS.

1.         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 R323.1.4,
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.   Non-residential Structures.

                  1.   Within any identified floodplain area, any
new construction or substantial improvement of a non-residential 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 non-residential structure, or part
thereof, having a lowest floor which is not elevated to at least one and one
half (1 ½) feet above the one hundred (100) year flood elevation, shall be
flood-proofed in a completely or essentially dry manner in accordance with the
W1 or W2 space classification standards contained in the publication entitled
“Flood-Proofing Regulations” published by the U.S. Army Corps of
Engineers (June 1972, as amended March 1992) or with some other equivalent
standard.  All
plans and specifications for such flood-proofing 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
(Section 2.4 and Chapter 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 exist 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 (1) square inch for every square foot of enclosed
space. 

                        b.   the bottom of all openings shall be no higher
than one (1) foot above grade.

                        c.   openings may be equipped with screens,
louvers, etc. other coverings or devices provided that they permit the automatic
entry and exist 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 and R323.1.4) 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 one and one-half (1 ½) feet above the 100 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 exist 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.   a minimum of two openings having a net total
area of not less than one (1) square inch for every square foot of enclosed
space. 

                        b.   the bottom of all openings shall be no
higher than one (1) foot above grade.

                        c.   openings may be equipped with screens,
louvers, etc. or other coverings or devices provided that the permit the
automatic entry and exit of floodwaters.

2.   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 fifteen (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 (1) vertical to two (2) horizon feet unless substantiated
data justifying steeper slopes are submitted to, and approved by, the Building
Code Official; and

            5.   be
used to the extent to which it does not adversely affect adjacent
properties.  The provisions contained in
the 2003 IBC (Sections 1801.1 and
1803.4) shall be utilized.

      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 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.  The provisions contained in the 2003 IBC (Appendix G401.5) shall be utilized.

      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 flood waters.

            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.   The
design and construction provisions of the UCC and 34 PA Code (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), FEMA #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 (1) 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 Section
405, Development Which May Endanger Human Life, shall be stored at or above the
Regulatory Flood Elevation and/or flood-proofed 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 flood water.

      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 I(BC (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.

            5.   The
provisions of the UCC pertaining to this subsection and referenced in the 34 PA
Code (Chapters 401-405 as amended) and contained in the 2003 IBC (Sections 801.1.3, 1403.2, 1403.4, 1403.6 and
1404.2), the 2003 IRC (Section R323.1.7 & R501.3) and ASCE 24-98 (Chapter
6) shall be utilized.

      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 quality.

            3.   All wooden components (doors, trim, cabinets, etc.)
shall be finished with a “marine” or water-resistant paint or other
similar 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) shall be
utilized.

      K.  Electrical
Components.

            1.   Electrical
distribution panels shall be at least three (3) feet above the one hundred
(100) year flood elevation.

            2.   Separate
electrical circuits shall serve lower levels and shall be dropped from above.

            3.   The
provisions pertaining to the above provisions 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 (Section
R323.1.5), the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter
8) shall be utilized.

      L.   Equipment.

            1.   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. 

            2.   The
provisions pertaining to the above provisions 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 (Section
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
flood waters into the system and discharges from the system into flood
waters.  Additional provisions shall be
made for the drainage of these systems in the event that flood water
infiltration occurs.

3.   Uniform Construction Code Coordination.

      The Standards and Specifications contained
in 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
Ordinance, to the extent that they are more restrictive and/or supplement the
requirements of this Ordinance. 

      International
Building
Code (IBC) 2003 or the latest edition thereof:

      Sections 801, 1202, 1403, 1603, 1605,
1612, 3402 and Appendix G.

      International
Residential Building

Code (IRC) 2003 or the latest edition thereof
:

      Sections R104, R105, R109, R323, Appendix
AE101, Appendix E and Appendix J.

(Ord.
09-05, 02/26/2009,
§1)

 

 

§411.  DEFINITIONS.
 

The words and phrases utilized in this Part 4 shall have those meanings
set forth below.  In the event a contrary
definition for such word or phrase appears elsewhere in Chapter 27, the
definitions below shall control and be applicable to the provisions contained
in Part 4. To the extent not defined below, words and phrases utilized in Part
4 shall have those meanings ascribed to them as noted in Part 2 or elsewhere in
Chapter 27.  [Ord. 09-07]

          BASEMENT
– means any area of the building having its floor below ground level on all
sides.  [Ord. 09-05]

          BUILDING
– a combination of materials to form a structure having walls and a roof.  Included shall be all manufactured homes,
mobile homes and trailers to be used for human habitation.  [Ord. 09-05]

          COMPLETELY
DRY SPACE
– a space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water and water
vapor.  [Ord. 09-05]

DEVELOPMENT ‑ any manmade 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 or mobile homes;
streets, and other paving; utilities; filing, grading and excavation; mining;
dredging; drilling operations; storage of equipment or materials; and the
subdivision of land.  [Ord. 09-05]

ESSENTIALLY
DRY SPACE
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.  [Ord. 09-07]

FLOOD ‑ a temporary inundation of
normally dry land areas.

FLOOD FRINGE ‑ that portion of the
floodplain outside the floodway. 

FLOODPLAIN AREA
‑ a relatively flat or low land area which is subject to partial or complete
inundation from an adjoining or nearby stream, river of watercourse; and/or any
areas subject to the unusual and rapid accumulation of surface waters from any
source.  [Ord. 09-05]

 

FLOODPROOFING – means 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.  [Ord. 09-07]

FLOODWAY ‑ the designated area of a
floodplain required to carry and discharge floodwaters of a given
magnitude.  For the purposes of this
Ordinance, the floodway shall be capable of accommodating a flood of the one
hundred (100) year magnitude.  [Ord.
09-05]

HISTORIC STRUCTURE – any structure that
is:

            (1)  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 in the National
Register;

            (2)  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;

            (3)  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

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

                  (a)  By an approved state program as determined by the Secretary of the
Interior, or

                  (b)  Directly by the Secretary of the Interior in states without
approved programs.  [Ord. 09-05]

            Identified floodplain area
the floodplain area specifically identified in this Ordinance as being
inundated by the one hundred (100) year flood. [Ord. 09-05]

LAND
DEVELOPMENT
– see definition
of land development contained in Part 2, Chapter 27.  [Ord. 09-07]

            Lowest floor
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 construction is in violation of the applicable non-elevation design
requirements of this Ordinance.  [Ord.
09-05]

            MANUFACTURED
HOME
– a structure, transportable in one or more sections, which is built
on a permanent chassis, and is designed for use with or without a permanent
foundation when attached to the required utilities.  The term includes park trailers, travel
trailers, recreational and other similar vehicles which are placed on site for
more than 180 consecutive days.  [Ord.
09-07
]

            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 non-transient use. 
[Ord. 09-07]

            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, oil, waste, vent, or similar piping, electric wiring or
mechanical or other work affecting public health or general safety.  [Ord. 09-07]

            NEW CONSTRUCTION – structures for which
the start of construction commenced on or after March 29, 1984, and includes any subsequent
improvements thereto.  [Ord. 09-07]

           ONE
HUNDRED YEAR FLOOD
‑ a flood having a 1% chance of being equaled or exceeded
in any given year.  [Ord. 93-10]

            Special permit – 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.  [Ord. 09-05]

            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.  This term includes any
manmade object having an ascertainable stationary location on or in land or
water whether or not affixed to land.  [Ord.
09-05]

            Substantial additions to manufactured home parks – 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.  [Ord. 09-05]

            Substantial damage
damage from any cause sustained by a structure whereby the cost of restoring
the structure to its before damaged condition would equal or exceed fifty (50)
percent or more of the market value of the structure before the damage
occurred.  [Ord. 09-05]

            Substantial improvement
Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds fifty (50) percent 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: 

            (1)  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;

            (2)  Any
alteration of a historic structure, provided that the alteration will not
preclude the structure’s continued designation as a historic structure.  [Ord. 09-05]

            Uniform
Construction Code (UCC)
The statewide building code adopted by the Pennsylvania General Assembly
in 1999 applicable to new construction in all municipalities here administered
by the municipality, a third party or the Department of Labor and
Industry.  Applicable to residential and
commercial buildings, the Code adopted the International Residential Code (IRC)
and the International Building Code (IBC),
by reference, as the construction standard applicable with the Commonwealth
floodplain construction.  For
coordination purposes, references to the above are made specifically to various
sections of the IRC and the IBC.  Any reference to the 2003 IBC or the 2003 IRC in this Ordinance shall be
considered a reference to the latest version or any successor and/or updated
year (usually triennial) version of those same codes as if the same were
specifically referenced in this Ordinance. 

            Any reference in Part 4 to any code,
publication, regulations, law or governmental department or entity shall
include and refer to and be a reference to any amended, successor,
supplemented, updated or re-designated code, publication, law, regulation
and/or governmental department or entity as if this Ordinance and Part had been
amended to make specific reference thereto. 

 (Ord. 84‑2, 3/29/1984, §408; as
amended by Ord. 93-10, 6/1/1993, §2D & E; by Ord. 09-05, 02/26/2009,
§1; by Ord. 09-05, 02/26/2009, §1; and by Ord. 09-07, 04/02/2009,
§1(E).)



[THIS
PAGE LEFT BLANK]

Download PDF