Ordinance # 2011-1
This Ordinance replaces Ordinance 98-1
An Ordinance requiring all persons, partnerships, businesses, and corporations to obtain a Permit for any construction or development: Providing for the issuance of such building permits; setting forth certain minimum requirements for new construction and development within areas of the Borough which are subject to flooding: and establishing penalties for any persons who fail, or refuse to comply with, the requirements or provisions of this ordinance.
Article I. Statutory Authorization
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978, delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Borough of Bolivar, does hereby order as follows:
Article II General Provisions
Section 2.01 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. Minimize danger to public health by protecting water supply and natural drainage.
D. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
E. Comply with federal and state floodplain management requirements.
Section. 2.02 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 Borough of Bolivar, 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 2.03 Abrogation and Greater Restrictions
This Ordinance supersedes any other conflicting revisions, 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 2.04 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 2.05 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 acceptable 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 damage.
This Ordinance shall not create liability on the part of the Borough of Bolivar 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 III Administration
Section 3.01 Designation of the Floodplain Administrator
The Secretary of the Borough of Bolivar is hereby appointed to administer and enforce this Ordinance and is referred to herein as the Floodplain Administrator.
Section 3.02 Permits Required
A Permit shall be required before any construction or development is undertaken within any area of the Borough of Bolivar.
Section 3.03 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, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537), as amended). The Pennsylvania Clean streams Act (Act 1937-394, as amended) and the U.S. Clean Water Act, Section 404,33,U.S.C 1344. No permit shall be issued until this determination has been made.
C. In the case of existing structures, prior to the issuance of any Development / Permit, the Floodplain Administrator shall review the history of the subject building, so the any repetitive loss issues can be addressed before the permit is issued.
D. 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.
E. In the discharge of his / her duties, the Floodplain Administrator 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
F. 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 Board of Supervisors for whatever action it considers necessary.
G. The Floodplain Administrator shall maintain all records associated with the requirements of this Ordinance including, but not limited to, permitting, inspection, and enforcement.
H. The Floodplain Administrator shall consider the requirements of the 34 PA Code and the 2006 IBC and the 2006 IRC or latest revisions thereof.
Section 3.04 Application Procedures and Requirements
A. Application for such a Permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Borough of Bolivar. 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 before the flood damage occurred where appropriate.
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 indentified 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, electric, and water systems are located and constructed to minimize or eliminate flood damage, and
3. Adequate drainage is provided so s 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 / or 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 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. 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, 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, structure, 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 1998.
b. The elevation of the base flood.
c. Supplemental information as may be necessary under 34 PA Code, the 2006 IBC or the 2006 IRC.
4. The following date and documentation
a. If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associate with a base flood elevation and
b. Detailed information concerning any proposed flood proofing measures and corresponding elevation
c. Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an Special Floodplain Area (Se section 4.02 B) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one (1) foot at any point.
d. 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 base flood elevation.
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.
e. Detailed information needed to determine compliance with Section 5.03 F, Storage, and Section 5.04, Development Which May Endanger Human Life, including,
i. The amount, location and purpose of any materials or substances referred to in Section 5.03 F and 5.04 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 5.04 during a base flood.
f. The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development"
g. 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.
5. Application for Permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
Section 3.05 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 Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a Permit. The recommendation of the Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.
Section 3.06 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, e.tc.) FOR REVIEW AND COMMENT.
Section 3.07 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 3.08 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 3.09 Start of Construction
Work on the proposed construction and / or development shall begin within 180 days after the date of issuance and shall be completed within twelve (23) months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. Construction and / or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas, and water pipes, or electrical or other service lines from the street.
Time extensions shall be granted only if a written request is submitted prior to expiration of the permit, by the applicant, which sets forth sufficient and reasonable case for the Floodplain Administrator to approve such a request.
Section 3.10 Enforcement
Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Ordinance, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall
1. Be in writing
2. Include a statement of the reasons for it issuance
3. Allow a reasonable time not to exceed a period of thirty(30) days for the performance of any act it requires
4. Be served upon the property owner or his agent as the case may require, provided, however, that such notice or order shall be deemed to have been property served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this State,
5. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Ordinance.
Any person who fails to comply with any or all 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 summary offense and upon conviction shall pay a fine to the Borough of Bolivar, of not less than One Hundred Dollars ($100.00) nor more than Six Hundred Dollars ($600.00) plus costs of prosecution, and in default thereof to incarceration not to exceed ninety (90) days. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this Ordinance The imposition of a fine or penalty for any violation of, or noncompliance with, this Ordinance shall not excuse the violation or noncompliance within a reasonable time. Ay development initiated or any structure or building, constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this Ordinance may be declared by the Borough of Bolivar to be a public nuisance and abatable as such.
Section 3.11 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 of Bolivar. Such an 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 of Bolivar shall set a time and place, within not less than ten (10) days, 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 of Bolivar 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 IV Identification of Floodplain Areas
Section 4.01 Identification
The identified floodplain area shall be any areas of the Borough of Bolivar, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMS) dated the 17th day of March 2011 and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof. Including all digital date developed as part of the Flood Insurance Study.
Section 4.02 Description and Special Requirements of Identified Floodplain Areas
For the purposes of this Ordinance, the one hundred (100) year flood elevation identified as an A Zone on the FIRM included in the FIS prepared by FEMA shall be used as the basis for regulation. When available, information from other Federal , State, and other acceptable sources shall be used to determine the one hundred (100) year elevation, as well as a floodway area, if possible. When no other information is available, the one hundred (100) year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc, shall be submitted in sufficient detail to allow a thorough technical review by the municipality.
Section 4.03 Changes in Identification of Area
The identified floodplain area may be revised or modified by the Borough of Bolivar where studies or information provided by a qualified agency or person documents the need to such revision. 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 4.04 Boundary Disputes
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Secretary of the Borough of Bolivar and any party aggrieved by this decision or determination may appeal to the Borough of Bolivar. The burden of proof shall be on the appellant.
Article V. Technical Provisions
Section 5.01 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 approval shave 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.
3. In addition, the FEMA and Pennsylvania Department of Community and Economic Development, shall be notified prior to any alteration or relocation of any watercourse.
B. Submit technical or scientific date to FEMA for a Letter of Map Revision (LOMR) within six (6) months of the completion of any new construction, development, or other activity resulting in changes in the BFE.
C. Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this Ordinance and any other applicable codes, Ordinances, and regulations.
D. Within 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 any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.
Section 5.02 Elevation and Flood proofing Requirements
A. Residential Structures
1. In A Zones, where there are no Base Flood Elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with Subsection 4.02 of this Ordinance.
2. The design and construction standards and specifications contained in the 2006 International Building Code (IBC) and in the 2006 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 PA Code (Chapters 401-403 as amended ) shall be utilized.
B. Non-residential Structures
1. In A Zones, where there are no Base Flood Elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (Including basement) elevated or completely flood proofed up to, or above, the regulatory flood elevation determined in accordance with Subsection 4.02 of this Ordinance.
2. Any non-residential structure, or part thereof, made watertight below the regulatory flood elevation shall be flood proofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood Proofing Regulations" published by the U.S. Army Corp 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 2006 International Building Code (IBC) and in the 2006 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 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 (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 meeting 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. Accessory Structures
Structures accessory to a principal building need not be elevated or flood proofed 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 `100 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 flood waters.
5. Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
6. Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc. are prohibited.
7. Sanitary facilities are prohibited.
8. The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of 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 5.03 Design and Construction Standards
The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A If fill is used it shall:
1. Extend laterally at least fifteen (15) feet beyond the building lines from al 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 substandard data, justifying steeper slopes are submitted to, and e 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 insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C. Water and Sanitary Sewer Facilities and Systems
1. All new or replacement water 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.
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 FEMA # 348 Protecting Building Utilities From Flood Damages and the International Private Sewage Disposal code shall be utilizes.
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 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 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.
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 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" materials
J. Paints and Adhesives
1. Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or "water-resistant" quality.
2. Adhesives used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
3. All wooden components (doors, trim, cabinets, etc) shall be finished with a "marine" or "water-resistant" paint or other finishing material.
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 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 not limited to the following provisions shall apply to the above and other sections and sub-sections of this Ordinance, to the extent that they are more restrictive and / or supplement the requirements of this Ordinance.
International Building Code (IBC) 2006 or the latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G
International Residential Building Code (IRC) 2006 or the latest edition thereof:
Section R104, R105, R109, R323 Appendix AE101, Appendix E and Appendix J
Section 5.04 Development Which May Endanger Human Life
A. In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
1. Will be used for the production or storage of any of the following dangerous materials or substances, or
2. Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises, or
3. Will involve the production, storage or use of any amount of radioactive substances, shall be subject to the provisions of this section, in addition to all other applicable provisions, The following list of materials and substances are considered dangerous to human life.
Nitric Acid and Oxides of Nitrogen
Petroleum products (gasoline, fuel oil, etc)
Sulphur and Sulphur products
Pesticides (including insecticides, fungicides and rodenticides)
Radioactive substances, insofar as such substances are not otherwise regulated
B. Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection A, above, shall be
1. Elevated or designed and constructed to remain completely dry up to at least one and one half feet (1 1/2) above the Base Flood Elevation and,
2. Designed to prevent pollution from the structure or activity during the course of a base flood elevation.
C. Within any floodplain area, any new or substantially improved structure of the kind described in Subsection A, above shall be prohibited within the are measured fifty (50) feet landward from the top-of-bank of any watercourse.
Section 5.05 Special Requirements for Subdivisions
All subdivisions proposals and development proposals containing at least 50 lots or at least 5 acres, whichever is the lesser, in flood hazard areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional letter of Map Revision or Letter of Map Revision Submittal requirements and processing fees shall be the responsibility of the applicant.
Section 5.06 Special Requirements for Manufactured Homes
A. Within Approximate Floodplain or Special Floodplain Area, manufactured homes shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse.
B. Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be
1. Placed on a permanent foundation
2. Elevated so that the lowest floor of the manufactures home is at least one and one half (1 1/2) feet above the Base Flood Elevation.
3. Anchored to resist flotation, collapse, or lateral movement.
C. 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 2006 International Residential Building Code or the US Department of Housing and Urban Development's Permanent Foundation for Manufactured Housing, 1984 Edition, draft or latest revision thereto shall apply and 34 PA Code Chapter 401-405.
D. Consideration shall be given to the installation requirements of the 2006 IBC, and the 2006 IRC, or the most recent revisions thereto and 34 PA Code , as amended where appropriate and / or applicable to united where the manufacturers' standards for anchoring cannot be provided or wee not established for the unit(s) proposed installation.
Section 5.07 Special Requirements for Recreational Vehicles
1. Recreational vehicles in Zones A1-30, AH ad AE must either
a. be on the site for fewer than 180 consecutive days
b. be fully licensed and ready for highway use, or
c. meet the permit requirements for manufactured homes in Section 5.06 20
Article VI. Activities Requiring Special Permits
Section 6.01 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 floodplain area unless a Special Permit has been issued by the Borough of Bolivar.
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
B. The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
Section 6.02 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 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 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 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 flood plans, sections, and exterior building elevations, as appropriate
2. For any proposed building, the elevation of the lowest floor (including basement0 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 elevation
4. Detailed information concerning any proposed flood proofing measures
5. Cross section drawings for all proposed streets, drives, other access ways, and parking areas, showing all rights-of-way and pavement widths
6. Profile drawings for all proposed streets, drives, and vehicular access ways 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.
D. 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 base flood elevation
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 elevation, 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 flood elevation 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 possibility exist or be located on the site below the base flood elevation and the effects such materials and debris may have on base flood elevation elevations 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 6.03 Application Review Procedures
Upon receipt of an application for a Special Permit by the Borough of Bolivar the following procedures shall apply in addition to those of Article II
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 Borough of Bolivar, secretary and engineer for review and comment.
B. If an application is received that is incomplete, the Borough of Bolivar shall notify the applicant in writing, stating in what respect the application is deficient.