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(A) In addition to the requirements of §§ 153.055 through 153.061, 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 §§ 153.055 through 153.061, 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 feet above base flood elevation; and
(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.
(C) All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough technical review by the city and the Department of Community and Economic Development.
(Ord. 1534, passed 3-3-2014)
EXISTING STRUCTURES IN IDENTIFIED FLOODPLAIN AREAS
The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 153.091 shall apply.
(Ord. 1534, passed 3-3-2014)
The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area.
(A) No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District that would cause any increase in BFE.
(B) No expansion or enlargement of an existing structure shall be allowed within AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(C) Any modification, alteration, reconstruction or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
(D) The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
(E) Within any Floodway Area/District (see § 153.041(A)), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(F) Within any AE Area/District without floodway (See § 153.041(B)), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(G) Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(Ord. 1534, passed 3-3-2014)
VARIANCES
(A) Requests for variances shall be considered by the city in accordance with the procedures contained in § 153.029 and the following.
(1) No variance shall be granted for any construction, development, use or activity within any Floodway Area/District that would cause any increase in the BFE.
(2) No variance shall be granted for any construction, development, use or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3) Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit §§ 153.075 through 153.078 or to development which may endanger human life (§ 153.058).
(4) If granted, a variance shall involve only the least modification necessary to provide relief.
(5) In granting any variance, the city shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this chapter.
(6) Whenever a variance is granted, the city shall notify the applicant in writing that:
(a) The granting of the variance may result in increased premium rates for flood insurance; and/or
(b) Such variances may increase the risks to life and property.
(7) In reviewing any request for a variance, the city shall consider, at a minimum, the following:
(a) There is good and sufficient cause;
(b) Failure to grant the variance would result in exceptional hardship to the applicant; and
(c) The granting of the variance will:
1. Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
2. Create nuisances, cause fraud on, or victimize the public or conflict with any other applicable state or local ordinances and regulations.
(8) A complete record of all variance requests and related actions shall be maintained by the city. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.
(B) Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.
(Ord. 1534, passed 3-3-2014)
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