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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)
Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order 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 fine to city, of not less than $25 nor more than $600, plus costs of prosecution. In addition to the above penalties all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue. All such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered or relocated, in noncompliance with this chapter may be declared by the Council to be a public nuisance and abatable as such.
(Ord. 1534, passed 3-3-2014)