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The degree of flood protection sought by the provisions of this chapter 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 chapter 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 chapter shall not create liability on the part of the City of Johnstown or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. 5104. Passed 6-13-12.)
(a) General. Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give this chapter its' most reasonable application.
(b) 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 “one-percent (1%) annual chance flood”).
(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 Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-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) “Existing manufactured home park or subdivision.” A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
(9) “Existing structure.” A structure for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975 for FIRMs effective before that date. “Existing structure” may also be referred to as “existing construction.”
(10) “Expansion to an existing manufactured home park or subdivision.” The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
(11) “Flood.” A temporary inundation of normally dry land areas.
(12) “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.
(13) “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.
(14) “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.
(15) “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.
(16) “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.
(17) “Highest adjacent grade.” The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(18) “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;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior in states without approved programs.
(20) “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 chapter.
(21) “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 also includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
(22) “Manufactured home park or subdivision.” A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(23) “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.
(24) “New construction.” Structures for which the start of construction commenced on or after the June 19, 2012 adopted by the community and includes any subsequent improvements to such structures. Any construction started after April 15, 1977 and before June 19, 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.
(25) “New manufactured home park or subdivision.” A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
(26) “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.
(27) “Post-FIRM structure.” A structure for which construction or substantial improvement occurred after December 31, 1974 or on or after the community’s initial flood insurance rate map (FIRM) dated August 1, 1983, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
(28) “Pre-FIRM structure.” A structure for which construction or substantial improvement occurred on or before December 31, 1974 or before the community’s initial flood insurance rate map (FIRM) dated August 1, 1983, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
(29) “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; and
D. Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(30) “Regulatory flood elevation.” The base flood elevation (BFE) or estimated flood height as determined using simplified methods.
(31) “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.
(32) “Special flood hazard area (SFHA).” An area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.
(33) “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 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 manufactured 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.
(34) “Structure.” A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
(35) “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.
(36) “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 percent or more of the market value of the structure before the damage occurred.
(37) “Substantial improvement.”
A. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty 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.
B. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter, 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.
(38) “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 by 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.
(39) “Violation.” 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.
(40) “Zoning Hearing Board.” A multiple member board, appointed by elected officials of the City, the hear and render final adjudications under its jurisdiction as stipulated in the Pennsylvania Municipalities Planning Code, Section 909.1(a)(1) to (9).
(Ord. 5104. Passed 6-13-12; Ord. 5113. Passed 11-28-12.)
ADMINISTRATION
The City Manager is hereby appointed to administer and enforce this chapter and is referred to herein as the Floodplain Administrator. The City Manager may authorize another City staff person to act and/or assist in this capacity, and may use technical assistance from private consulting firms to assist in carrying out administration responsibilities.
(Ord. 5104. Passed 6-13-12.)
A permit shall be required before any construction or development anywhere within the City unless an approved building permit has been obtained from the Codes Administrator, and/or the applicable third-party review agency designated by the City, and/or the Floodplain Administrator, depending on the type and location of permit.
(Ord. 5104. Passed 6-13-12.)
(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 or other authorized official shall review the application for the permit to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the 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) 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.
(d) 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 chapter.
(e) 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 City Council for whatever action it considers necessary.
(f) The Floodplain Administrator shall maintain all records associated with the requirements of this chapter including, but not limited to, permitting, inspection and enforcement.
(g) The Floodplain Administrator shall consider the requirements of the 34 PA Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
(Ord. 5104. Passed 6-13-12.)
(a) Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the City of Johnstown. 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; and
(8) The proposed lowest floor and basement elevations in relation to mean sea level from base data available at the City of Johnstown or North American Vertical Datum of 1988.
(b) If any proposed construction or development is located entirely or partially within any 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;
(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; and
(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 any proposed construction or development is located entirely or partially within any identified floodplain area:
(1) A completed permit application form.
(2) A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to one hundred feet or less, showing the following:
A. North arrow, scale, and date;
B. Topographic contour lines, from base data available at the City of Johnstown or North American Vertical Datum of 1988;
C. The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development to assure that:
1. All such proposals are consistent with the need to minimize flood damage.
2. All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage.
3. Adequate drainage is provided so as to reduce exposure to flood hazards.
D. The location of all existing streets, drives, and other access ways;
E. The location of any existing bodies of water or watercourses; and
F. The location of the identified flood-prone area boundary line, the floodway line if available, information and spot elevations concerning the 100-year flood elevations, and information concerning the flow of water, including direction and velocities.
(3) Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following in a format acceptable to the authority having jurisdiction:
A. Detailed architectural or engineering drawings for nonresidential buildings or expansions, including building size, floor plans, sections and exterior building elevations, as appropriate;
B. A detailed sketch plan for proposed residential buildings or expansion showing dimensions, building size, setbacks and other as appropriate;
C. The proposed lowest floor elevation of any proposed building based upon base data available at the City of Johnstown or North American Vertical Datum of 1988;
D. The elevation of the base flood and information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood;
E. Supplemental information as may be necessary under 34 PA Code, the 2009 IBC or the 2009 IRC.
(4) The following data and documentation:
A. If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood;
B. Detailed information concerning any proposed floodproofing measures and corresponding elevations;
C. Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway (See Section 1464.31(b)) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
D. 1. 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.
2. 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.
2. 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 1464.48 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.
(d) Applications 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.
(Ord. 5104. Passed 6-13-12; Ord. 5113. Passed 11-28-12.)
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