Part C: FIRM (Flood Insurance Rate Map) - (OR3-2012)
ARTICLE I. GENERAL PROVISIONS
Section 1.01 Intent
The intent of this Ordinance 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. Comply with federal and state floodplain management requirements.
Section 1.02 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 Saegertown Borough unless a Permit has been obtained from the Floodplain Administrator.
B. A Permit shall not be required for minor repairs to existing buildings or structures.
Section 1.03 Abrogation and Greater Restrictions
This ordinance 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 Ordinance, the more restrictive shall apply.
Section 1.04 Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the Ordinance, which shall remain in full force and effect, and for this purpose the provisions of this Ordinance are hereby declared to be severable.
Section 1.05 Warning and Disclaimer of Liability
The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Ordinance does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
This Ordinance shall not create liability on the part of the Saegertown Borough or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made there under.
ARTICLE II. ADMINISTRATION
Section 2.01 Designation of the Floodplain Administrator
The Zoning Officer of Saegertown Borough, or other person appointed by the Borough, is hereby appointed to administer and enforce this ordinance and is referred to herein as the Floodplain Administrator.
Section 2.02 Permits Required
A Building Permit shall be required before any construction or development is undertaken within any area of the Saegertown Borough.
Section 2.03 Duties and Responsibilities of the Floodplain Administrator
A. The Floodplain Administrator shall issue a Permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
B. Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained. During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
C. In the discharge of his/her duties, the Floodplain Administrator or other authorized official shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this ordinance.
D. In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the Permit and report such fact to the Council for whatever action it considers necessary.
E. The Floodplain Administrator shall maintain all records associated with the requirements of this ordinance including, but not limited to, permitting, inspection and enforcement.
F. The responsibilities and duties of this position can be delegated from the person identified as Floodplain Administrator. However, the ultimate responsibility lies with the person/position identified in this Ordinance as the floodplain administrator/manager.
Section 2.04 Application Procedures and Requirements
A. Application for such a Permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Saegertown Borough. 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 flood-related cost and the market value of the building. A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
7. Identify Flood Zone the proposed project is located in. (AE – X – or None)
B. If any proposed construction or development is located entirely or partially within any (AE Flood Zone) identified floodplain area, applicants for Permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator 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.
4. structures will be anchored to prevent floatation, collapse, or lateral movement.
5. building materials are flood-resistant.
6. appropriate practices that minimize flood damage have been used.
7. electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
C. Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
1. A completed Permit Application Form.
2. A plan of the entire site, clearly and legibly drawn showing the following:
a. north arrow, scale, and date;
b. Distance of all structures from all lot lines
c. the location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
d. the location of all existing streets, drives, and other access ways; and
e. the location of any existing bodies of water or watercourses, and identified floodplain areas.
Section 2.05 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 Floodplain Administrator to any other appropriate agencies and/or individuals (e.g. planning commission, municipal engineer, etc.) for review and comment.
Section 2.06 Changes
After the issuance of a Permit by the Floodplain Administrator, 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 Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to Floodplain Administrator for consideration.
Section 2.07 Placards
In addition to the Permit, the Floodplain Administrator shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the Permit the date of its issuance and be signed by the Floodplain Administrator.
Section 2.08 Start of Construction
Work on the proposed construction shall follow all building code and zoning regulations in force by the Borough of Saegertown, including permits, inspections, deadline dates, fees and any other requirements so noted in the regulations.
Section 2.09 Enforcement
B. Enforcement shall be in compliance with existing building code and zoning requirements.
1. Any person who fails to comply with any or all of the requirements or provisions of this Ordinance or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the municipality shall be guilty of a misdemeanor and upon conviction shall pay a Class B fine to Saegertown Borough, as determined by resolution of Council plus costs of prosecution.
2. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this Ordinance.
3. The imposition of a fine or penalty for any violation of, or noncompliance with, this Ordinance shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time.
4. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this Ordinance may be declared by the Borough Council to be a public nuisance and abatable as such.
Section 2.10 Appeals
A. Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this Ordinance, may appeal to the Borough Council. Such appeal must be filed, in writing, within thirty (30) days after the decision, determination or action of the Floodplain Administrator.
B. Upon receipt of such appeal the Borough Council shall set a time and place, within not less than ten (10) or not more than thirty (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.
C. Any person aggrieved by any decision of the Borough Council may seek relief there from by appeal to court, as provided by the laws of this State including the Pennsylvania Flood Plain Management Act.
ARTICLE III. IDENTIFICATION OF FLOODPLAIN AREAS
Section 3.01 Identification
The identified floodplain area shall be:
(a) any areas of Saegertown Borough, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated April 2014 updated and corrected and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
Section 3.02 Description and Special Requirements of Identified Floodplain Areas
The identified floodplain area shall consist of the following:
All areas listed as "Flood Zone" on the map dated April 2014.
D. In any identified floodplain area, no new construction or development shall be located within the area measured fifty (50) feet landward from the top-of-bank of French Creek and Woodcock Creek.
Section 3.03 Changes in Identification of Area
A. The identified floodplain area may be revised or modified by the Borough Council where studies or information provided by a qualified agency or person documents the need for such revision.
B. However, prior to any such change, approval must be obtained from the FEMA. Additionally, as soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the FEMA of the changes by submitting technical or scientific data.
Section 3.04 Boundary Disputes
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Saegertown Borough Planning Commission and any party aggrieved by this decision or determination may appeal to the Borough Council. The burden of proof shall be on the appellant.
ARTICLE IV. TECHNICAL PROVISIONS
Section 4.01 General
A. Alteration or Relocation of Watercourse
1. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office.
2. No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.
Section 4.02 Elevation and Floodproofing Requirements
A. Residential Structures
1. In the (AE) flood Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
2. In the (AE) flood Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
3. The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or updates to either code shall be utilized.
B. Non-residential Structures
1. In the flood (AE) Zones, 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 below the regulatory flood elevation:
a. is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and,
b. has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:
C. Space below the lowest floor
1. Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
2. 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 they permit the automatic entry and exit of floodwaters.
D. Historic Structures
See Section 9.02 (36) for requirements for the substantial improvement of any historic 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:
A. the structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
B. floor area shall not exceed 200 square feet.
C. The structure will have a low damage potential.
D. the structure will be located on the site so as to cause the least obstruction to the flow of flood waters.
E. power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
F. permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc. are prohibited.
G. sanitary facilities are prohibited.
H. the structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
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 they permit the automatic entry and exit of flood waters.
Section 4.03 Design and Construction Standards
The following minimum standards shall apply for all construction and development proposed within any identified (AE) floodplain area:
1. 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) horizontal, feet unless substantiated data, justifying steeper slopes are submitted to, and approved by the Floodplain Administrator; and
5. be used to the extent to which it does not adversely affect adjacent properties.
B. Drainage Facilities
Storm drainage facilities shall be designed to convey the flow of storm water 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.
C. Water and Sanitary Sewer Facilities and Systems
1. All new or replacement water supply 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 flood waters.
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.
The finished elevation of all new streets shall be no more than one (1) foot below the Regulatory (AE) Flood Elevation.
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 5.04, Development Which May Endanger Human Life, shall be stored at or above the Regulatory (AE) Flood Elevation 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.
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.
I. Floors, Walls and Ceilings
1. Wood flooring used at or below the Regulatory (AE) 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 (AE) flood elevation shall be of a "marine" or "water-resistant" variety.
3. Walls and ceilings at or below the regulatory (AE) 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 (AE) flood elevation shall be made of metal or other "water-resistant" material.
J. Paints and Adhesives
1. Paints and other finishes used at or below the regulatory (AE) flood elevation shall be of "marine" or "water-resistant" quality.
2. Adhesives used at or below the regulatory (AE) flood elevation shall be of a "marine" or "water-resistant" variety.
3. All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory (AE) flood elevation shall be finished with a "marine" or "water-resistant" paint or other finishing material.
K. Electrical Components
1. Electrical distribution panels shall be at least three (3) feet above the base flood elevation.
2. Separate electrical circuits shall serve lower levels and shall be dropped from above.
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 (AE) Flood Elevation.
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.
N. Uniform Construction Code Coordination
The Standards and Specifications contained 34 PA Code (Chapters 401-405), as amended, and including any updates to the code, and not limited to the following provisions and any updates to the provisions, shall apply to the above and other sections and sub-sections of this ordinance, to the extent that they are more restrictive and supplement the requirements of this ordinance.
International Building Code (IBC) 2009 or the latest edition thereof:
Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
International Residential Building Code (IRC) 2009 or the latest edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
Section 4.04 Development Which May Endanger Human Life
B. Where permitted within Identified (AE) Floodplain Area, any new or substantially improved structure of the kind described in Subsection A., above, shall be:
1. elevated, or in the case of a non-residential structure elevated or designed, and constructed to remain completely dry up to at least one and one half feet (1 ½) above the Base (AE) Flood Elevation and,
2. designed to prevent pollution from the structure or activity during the course of a base flood.
Section 4.05 Special Requirements for Manufactured Homes
A. Where permitted within Identified (AE) Floodplain Areas, all manufactured homes, and any improvements thereto, shall be:
1. placed on a permanent foundation.
2. elevated so that the lowest floor of the manufactured home is at least one and one half feet (1 ½) above the Base (AE) Flood Elevation and,
3. anchored to resist flotation, collapse, or lateral movement.
B. Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions and zoning requirement of the Borough, as provided by the manufacturer. Special Requirements for Recreational Vehicles
1. Recreational vehicles in (AE) flood Zones must either:
a. be on the site for fewer than 60 consecutive days,
b. be fully licensed and ready for highway use, or
c. meet the permit requirements for manufactured homes in Section 5.06.
ARTICLE V. ACTIVITIES REQUIRING SPECIAL PERMITS
Section 5.01 General
In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any Identified (AE) Floodplain Area, unless a Special Permit has been issued by the Saegertown 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:
2. nursing homes
3. jails or prisons
Section 5.02 Application Requirements for Special Permits
Applicants for Special Permits shall provide five copies of the following items:
A. A written request including a completed Permit Application Form.
B. A small scale map showing the vicinity in which the proposed site is located.
C. A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred (100) feet or less, showing the following:
1. north arrow, scale and date;
2. topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two (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 access ways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
5. the location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development;
6. the location of the floodplain boundary line, information and spot elevations concerning the base flood elevation, and information concerning the flow of water including direction and velocities;
7. the location of all proposed buildings, structures, utilities, and any other improvements; and
8. any other information which the municipality considers necessary for adequate review of the application.
D. Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
1. sufficiently detailed architectural or engineering drawings, including 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 base 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; and
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 (AE) base 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 base 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 base (AE) flood elevation 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 base (AE) flood elevation and the effects such materials and debris may have on base (AE) flood elevation and flows;
6. the appropriate component of the Department of Environmental Protection's "Planning Module for Land Development;"
7. where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control;
8. any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166; and
9. an evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
Section 5.03 Application Review Procedures
Upon receipt of an application for a Special Permit by the Saegertown Borough the following procedures shall apply in addition to those of Article III:
A. Within three (3) working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Saegertown Borough Planning commission and if Council requests, Borough engineer for review and comment.
B. If an application is received that is incomplete, the Saegertown Borough shall notify the applicant in writing, stating in what respect the application is deficient.
C. If the Saegertown Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
Section 5.04 Special Technical Requirements
A. In addition to the requirements of Article V of this Ordinance, the following minimum 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 V of this Ordinance 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 base flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE.
b. the lowest floor (including basement) will be elevated to at least one and one half (1 ½) feet above base (AE) 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 base flood.
2. Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough technical review by the Saegertown Borough.
ARTICLE VI. EXISTING STRUCTURES IN IDENTIFIED FLOODPLAIN AREAS
Section 6.01 Existing Structures
The provisions of this Ordinance 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 Section 7.02 shall apply.
Section 6.02 Improvements
The following provisions shall apply whenever any improvement is made to an existing structure located within any Identified Floodplain (AE Zone) Area:
A. Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure, to an extent or amount of fifty (50) percent or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Ordinance.
Section 6.03 General
If compliance with any of the requirements of this Ordinance would result in an exceptional hardship to a prospective builder, developer or landowner, the Saegertown Borough may, upon request, grant relief from the strict application of the requirements.
Section 6.04 Variance Procedures and Conditions
Requests for variances shall be considered by the Saegertown Borough in accordance with the procedures contained in Section 3.11 and the following:
A. No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the Base Flood Elevation.
B. If granted, a variance shall involve only the least modification necessary to provide relief.
C. In granting any variance, the Saegertown 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 Ordinance.
D. In reviewing any request for a variance, the Saegertown Borough shall consider, at a minimum, the following:
1. That there is good and sufficient cause.
2. That failure to grant the variance would result in exceptional hardship to the applicant.
3. That the granting of the variance will
a. neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense,
b. nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
E. Whenever a variance is granted, the Saegertown Borough shall notify the applicant in writing that:
1. The granting of the variance may result in increased premium rates for flood insurance.
2. Such variances may increase the risks to life and property.
F. A complete record of all variance requests and related actions shall be maintained by the Saegertown Borough.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent (1%) annual chance flood.
ARTICLE VII. DEFINITIONS
Section 7.01 General
Unless specifically defined below, words and phrases used in this Ordinance shall be interpreted so as to give this Ordinance it's most reasonable application.
Section 7.02 Specific Definitions
1. Accessory use or structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
2. Base flood - a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100 year flood" or 1% annual chance flood). (AE Zone)
3. Base flood discharge - the volume of water resulting from a Base Flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
4. Base flood elevation (BFE) - the elevation shown on the Flood Insurance Rate Map (FIRM) for the (AE) Zones that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.
5. Basement - any area of the building having its floor below ground level on all sides.
6. 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.
7. Development - any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
8. lood - a temporary inundation of normally dry land areas.
9. Flood Insurance Rate Map (FIRM) - the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
10. Flood Insurance Study (FIS) - the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
11. Floodplain area - a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
12. Floodproofing - 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.
13. Floodway - the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
14. Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
15. Historic structures – any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
16. 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 structure is in violation of the applicable non¬-elevation design requirements of this ordinance.
17. 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 a site for more than 60 consecutive days.
18. Manufactured home park or subdivision – a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
19. 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.
20. New construction - structures for which the start of construction commenced on or after August 13, 2012, adopted by the community and includes any subsequent improvements to such structures. Any construction started after June 18, 1990 and before August 13, 2012, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
21. Person - an individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
22. Post-FIRM Structure - is a structure for which construction or substantial improvement occurred on or after the community's initial Flood Insurance Rate Map (FIRM) dated June 18, 1990, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
23. Pre-FIRM Structure - is a structure for which construction or substantial improvement occurred on or before the Rate Map (FIRM) dated June 18, 1990, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
24. Recreational vehicle - a vehicle which is:
a. built on a single chassis;
b. not more than 400 square feet, measured at the largest horizontal projections;
c. designed to be self-propelled or permanently towable by a light-duty truck,
d. not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
25. Repetitive loss – flood related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damages occurred.
26. 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.
27. Start of construction - includes substantial improvement and other proposed new development and means the date the Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within twelve (12) months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first, alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
28. Structure – a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
29. 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, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
30. 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.
31. 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 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.
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this ordinance, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
32. Uniform Construction Code (UCC) – The statewide building code adopted by The Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor 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 State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
33. Violation - means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR §60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
ARTICLE VIII. ENACTMENT
Section 8.01 Adoption
This Ordinance shall be effective on April 24, 2014 (as corrected by FEMA) and shall remain in force until modified, amended or rescinded by Saegertown Borough, Crawford County, Pennsylvania.
ENACTED AND ADOPTED by the Council this 13th day of August, 2012.
Note: Flood elevation in the Borough is 1010 feet above sea level.