PINE TOWNSHIP ORDINANCE 14
AN ORDINANCE REQUIRING ALL PERSONS, PARTNERSHIPS, BUSINESSES, AND CORPORATIONS TO OBTAIN A BUILDING 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 TOWNSHIP 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.
BE IT ENACTED AND ORDAINED by the Township of Pine, County of Indiana and Commonwealth of Pennsylvania, and it is hereby enacted and ordained by the authority of the same as follows:
ARTICLE I - GENERAL PROVISIONS Section 1.00 - Intent
The intent of this Ordinance is to:
A.
Promote the general health, welfare, and safety of the community.
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.
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.
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
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
Section 1.01 - Applicability
A.It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken,
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 Township unless a Building Permit has been obtained from the Building
Permit Officer.
B.A Building Permit shall not be required for minor repairs to existing buildings or structures.
A Building Permit shall not be required for minor repairs to existing buildings or structures. Section 1.02 - 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.
Section 1.03 - Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this 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 1.04 - 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. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted ay debris. This Ordinance does not imply that areas outside any identified floodplain area 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 Township 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 2.00 - Building Permits Required
Building Permits shall be required before any construction or development is undertaken within any area of the Township.
Section 2.01 - Issuance of Building Permit
A.The Building Permit Officer shall issue a Building Permit only after it has been determined that the proposed work
The Building Permit Officer shall issue a Building Permit only after it has been determined that the proposed workto 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 building permit the Building Permit Officer shall review the application for permit
Prior to the issuance of any building permit the Building Permit Officer shall review the application for permitto 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); the U. S. Clean Water Act, Section
404, 33, U.S.C. 1334. No permit shall be issued until this determination has been made.
C.No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacentmunicipalities which may be affected by such action have been notified by the Township, and until all required permits or
approvals have been first obtained from the Department of Environmental Resources, Bureau of Dams and Waterway Management.
In addition, the Federal Insurance Administrator and Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified by the Township prior to any alteration or relocation of any watercourse.
Section 2.02 - Application Procedures and Requirements
A.Application for such a building permit shall be made, in writing, to the Building Permit Officer on forms supplied by the Township. Such application shall contain the following:
Application for such a building permit shall be made, in writing, to the Building Permit Officer on forms supplied by the Township. Such application shall contain the following:1.Name and address of applicant.
Name and address of applicant.2.Name and address of owner of land on which proposed construction is to occur.
Name and address of owner of land on which proposed construction is to occur.3.Name and address of contractor.
Name and address of contractor.4.Site location; and a statement as to how much of it, if any, is included within a floodplain area.
Site location; and a statement as to how much of it, if any, is included within a floodplain area.5.Listing of other permits required.
Listing of other permits required.6.Brief description of proposed work and estimated cost.
Brief description of proposed work and estimated cost.7.A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
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 identified floodplain area, applicants for Building Permits shall provide all the necessary information in sufficient detail and clarity to enable the Building Permit Officer to determine that:
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for Building Permits shall provide all the necessary information in sufficient detail and clarity to enable the Building Permit Officer to determine that:(a)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;
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;(b)all utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or
all utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize oreliminate flood damage; and
(c)adequate drainage is provided so as to reduce exposure to flood hazards.
adequate drainage is provided so as to reduce exposure to flood hazards.Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in Subsection 2.02 C.) as may be required by the Building Permit Officer to make the above determination:
1.A completed Building Permit Application Form.
A completed Building 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 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;
north arrow, scale, and date;(b)topographic contour lines, if available;
topographic contour lines, if available;(c)all property and lot lines including dimensions, and the size of the site expressed in acres or square feet;
all property and lot lines including dimensions, and the size of the site expressed in acres or square feet;(d)the location of all existing and proposed buildings, structures, and other improvements, including the location of any
the location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;
(e)the location of all existing streets, drives, and other access ways; and
the location of all existing streets, drives, and other access ways; and(f)the location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining
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, structures and other improvements, drawn at suitable scale showing the following:
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:(a)the proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;
the proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;(b)the elevation of the one-hundred (100) year flood;
the elevation of the one-hundred (100) year flood;(c)if available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with
if available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred (100) year flood; and
(d)detailed information concerning any proposed flood-proofing measures.
detailed information concerning any proposed flood-proofing measures.4.The following data and documentation:
The following data and documentation:(a)detailed information needed to determine compliance with Section 4.01 F., Storage, and Section 4.02, Development Which May Endanger Human Life, including:
detailed information needed to determine compliance with Section 4.01 F., Storage, and Section 4.02, Development Which May Endanger Human Life, including:i) the amount, location and purpose of any materials or sub¬stances referred to in Sections 4.01 F. and 4.02 which are intended to be used, produced, stored or otherwise maintained on site.ii) a description of the safe¬guards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Section 4.02 during a one-hundred (100) year flood.(b)the appropriate component of the Department of Environmental Resources' "Planning Module for Land Development."
the appropriate component of the Department of Environmental Resources' "Planning Module for Land Development."(c)where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources, to implement and maintain erosion and sedimentation control.
where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources, to implement and maintain erosion and sedimentation control.Section 2.03 - 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 Building Permit Officer to any other appropriate agencies and/or individuals (e.g. planning commission, municipal engineer, etc.) for review and comment.
Section 2.04 - Changes
After the issuance of a building permit by the Building Permit Officer, 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 Building Permit Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to Building Permit Officer for consideration.
Section 2.05 - Placards
In addition to the building permit, the Building Permit Officer 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 building permit, the date of its issuance and be signed by the Building Permit Officer.
Section 2.06 - Start of Construction
Work on the proposed construction and/or development shall begin within six (6) months and shall be completed within twelve (12) months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Building Permit Officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for 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 by the applicant, which sets forth sufficient and reasonable cause for the Building Permit Officer to approve such a request.
Section 2.07 - Inspection and Revocation
A.During the construction period, the Building Permit Officer or other authorized official shall inspect the premises
During the construction period, the Building Permit Officer or other authorized official shall inspect the premisesto determine that the work is progressing in compliance with the information provided on the permit application and with all
applicable township laws and ordinances. He shall make as many inspections during and upon completion of the work as are
necessary.
B.In the discharge of his duties, the Building Permit Officer shall have the authority to enter any building, structure, premises or development in the identified flood-prone area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Ordinance.
In the discharge of his duties, the Building Permit Officer shall have the authority to enter any building, structure, premises or development in the identified flood-prone area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Ordinance.C.In the event the Building Permit Officer discovers that the work does not comply with the permit application or any
In the event the Building Permit Officer discovers that the work does not comply with the permit application or anyapplicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Building
Permit Officer shall revoke the building permit and report such fact to the Board for whatever action it considers necessary.
D.A record of all such inspections and violations of this Ordinance shall be maintained.
A record of all such inspections and violations of this Ordinance shall be maintained.Section 2.08 - Fees
Applications for a building permit shall be accompanied by a fee, payable to the Township, based upon the estimated cost of the proposed construction as determined by the Building Permit Officer at the following rates:
Section 2.09 - Enforcement
A.Notices
NoticesWhenever the Building Permit Officer or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any pro¬visions of this Ordinance, or of any regulation adopted pursuant thereto, the Building Permit Officer shall give notice of such alleged violation as hereinafter provided. Such notice shall (a) be in writing; (b) include a statement of the reasons for its issuance; (c) allow a reasonable time not to exceed a period of thirty (30) days for the performance of any act it requires; (d) 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 properly 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; (e) contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Ordinance.
B.Penalties
PenaltiesAny person who fails to comply with any or all of the requirements or provisions of this Ordinance or who fails or refused to comply with any notice, order or direction of the Building Permit Officer or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Township of not less than Twenty-Five Dollars ($25.00) nor more than Three Hundred Dollars ($300.00) plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed ten (10) days. Each day during which any violation of this Ordinance continues shall constitute a separate offense. In addition to the above penalties all other remedies 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 or permit it to continue and 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 Ordinance may be declared by the Board to be a public nuisance and abatable as such.
Section 2.10 - Appeals
A.Any person aggrieved by an action or decision of the Building Permit Officer concerning the administration of the
Any person aggrieved by an action or decision of the Building Permit Officer concerning the administration of theprovisions of this Ordinance, may appeal to the Board. Such appeal must be filed, in writing, within thirty (30) days after
the decision or action of the Building Permit Officer.
B.Upon receipt of such appeal, the Board shall set a time and place, within not less than ten (10) nor more than thirty
Upon receipt of such appeal, the Board shall set a time and place, within not less than ten (10) nor 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 Board, may seek relief therefrom by appeal to court, as provided by the laws
Any person aggrieved by any decision of the Board, may seek relief therefrom by appeal to court, as provided by the lawsof this Commonwealth including The Pennsylvania Flood Plain Management Act.
ARTICLE III - IDENTIFICATION OF FLOODPLAIN AREAS
Section 3.00 - Identification
The identified floodplain area shall be any area of the Township of Pine, subject to the one hundred (100) year flood, which is identified as a Special Flood Hazard Area (Zone A) on the Flood Hazard Boundary Map (FHBM) as issued by the Federal Insurance Administration dated January 3, 1975.
Section 3.01 - Determination of One Hundred Year Flood Elevation
For the purposes of this Ordinance, the one hundred (100) year flood elevation shall be used as the basis for regulation. To determine the one hundred year flood elevation, the elevation at a given point on the boundary of the identified floodplain area which is nearest the construction site in question will be used. In helping to make this necessary elevation determination other sources of data, where available, shall be used such as:
A.Corps of Engineers - Flood Plain Information Reports
Corps of Engineers - Flood Plain Information ReportsB.U.S. Geological Survey - Flood Prone Quadrangles
U.S. Geological Survey - Flood Prone QuadranglesC.U.S.D.A., Soil Conservation Service - County Soil Surveys (Alluvial Soils) or P.L. 566 Flood Information
U.S.D.A., Soil Conservation Service - County Soil Surveys (Alluvial Soils) or P.L. 566 Flood InformationD.Pennsylvania Department of Environmental Resources - Flood Control Investigations
Pennsylvania Department of Environmental Resources - Flood Control InvestigationsE.Known High Water Marks from Past Floods
Known High Water Marks from Past FloodsF.Other sources
Other sourcesIn 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 Township.
Section 3.02 - Changes in Identification of Area
The identified floodplain area may be revised or modified by the Board where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
Section 3.03 - Boundary Disputes
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township Planning Commission and any party aggrieved by this decision may appeal to the Board. The burden of proof shall be on the appellant.
ARTICLE IV - GENERAL TECHNICAL REQUIREMENTS
Section 4.00 - General
A.In the identified floodplain area, the development and/or use of any land shall be permitted provided that the
In the identified floodplain area, the development and/or use of any land shall be permitted provided that thedevelopment and/or use complies with the restrictions and requirements of this and all other applicable codes and ordinances
in force in the municipality.
B.Within any identified floodplain area, no new construction or development shall be located within the area
Within any identified floodplain area, no new construction or development shall be located within the areameasured fifty (50) feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of
Environmental Resources, Bureau of Dams and Waterway Management.
Section 4.01 - Design and Construction Standards
The following minimum standards shall apply for all con¬struction and development proposed within any identified floodplain area:
A. Fill
If fill is used, it shall:
1.extend laterally at least fifteen (15) feet beyond the building line from all points;
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;
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, unless substantiated data, justifying steeper slopes are submitted to, and approved by the Building Permit Officer; and
5. be used to the extent to which it does not adversely affect adjacent properties.
B.Drainage Facilities
Drainage FacilitiesStorm 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
Water and Sanitary Sewer Facilities and Systems1.All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.
All new or replacement water 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.
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
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, orcontamination from it, during a flood.
D.Other Facilities
Other FacilitiesAll 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.
E.Streets
StreetsThe finished elevation of all new streets shall be no more than one (1) foot below the Regulatory Flood Elevation.
F.Storage
StorageAll 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 4.02, 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.
H. Anchoring
1.All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
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.
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.
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.
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.
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 material.
Windows, doors, and other components at or below the Regulatory Flood Elevation shall be made of metal or other water-resistant material.J. Paints and Adhesives
1.Paints or other finishes used at or below the Regulatory Flood Elevation shall be of "marine" or water-resistant quality.
Paints or 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.
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 one-hundred (100) year flood elevation.
Electrical distribution panels shall be at least three (3) feet above the one-hundred (100) year flood elevation.2.Separate electrical circuits shall serve lower levels and shall be dropped from above.
Separate electrical circuits shall serve lower levels and shall be dropped from above.L. Equipment
1. Water heaters, furnaces, air conditioning and ventilating units, and other mechanical or utility equipment or apparatus shall not be located below the Regulatory Flood Elevation.
M. Fuel Supply Systems
1. 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.
Section 4.02 - 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 Affairs as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises, shall be subject to the provisions of this section, in addition to all other applicable provisions:
1.Acetone
Acetone2.Ammonia
Ammonia3.Benzene
Benzene4.Calcium carbide
Calcium carbide5.Carbon disulfide
Carbon disulfide6.Celluloid
Celluloid7.Chlorine
Chlorine8.Hydrochloric acid
Hydrochloric acid9.Hydorcyanic acid
Hydorcyanic acid10.Magnesium
Magnesium11.Nitric acid and oxides of nitrogen
Nitric acid and oxides of nitrogen12.Petroleum products (gasoline, fuel oil, etc.)
Petroleum products (gasoline, fuel oil, etc.)13.Phosphorus
Phosphorus14.Potassium
Potassium15.Sodium
Sodium16.Sulphur and sulphur products
Sulphur and sulphur products17.Pesticides (including insecticides, fungicides, and rodenticides)
Pesticides (including insecticides, fungicides, and rodenticides)18.Radioactive substances, insofar as such substances are not otherwise regulated.
Radioactive substances, insofar as such substances are not otherwise regulated.B.Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A., above, shall be:
Where permitted within any identified 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 (1-1/2 feet above the one-hundred (100) year flood; and
elevated or designed and constructed to remain completely dry up to at least one and one-half (1-1/2 feet above the one-hundred (100) year flood; and2.designed to prevent pollution from the structure or activity during the course of a one-hundred (100) year flood.
designed to prevent pollution from the structure or activity during the course of a one-hundred (100) year flood.Any such structure, or part thereof, that will be built below the Regulatory Flood Elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the publication "Flood-Proofing Regulations (U.S. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard.
Section 4.03 - Special Requirements for Mobile Homes
A. Where permitted within any identified floodplain area, all mobile homes and additions thereto shall be:
1. anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for the Installation of Mobile Homes Including Mobile Home Park Requirements (NFPA No. 501A-1974 (ANSI A119.3-1975)) as amended for Mobile Homes in Hurricane Zones or other appropriate standards such as the following:
(a) over-the-top ties shall be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and one (1) additional tie per side for units less than fifty (50) feet in length.(b) frame ties shall be provided at each corner of the mobile home, with five (5) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and four (4) additional ties per side for units less than fifty (50) feet in length.(c) all components of the anchoring system shall be capable of carrying a force of four thousand, eight hundred (4800) pounds.2. elevated in accordance with the following requirements:
(a)adequate surface drainage is provided.(b)adequate access for a hauler is provided.(c)where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than ten (10) feet apart; reinforcement shall be provided for pilings that will extend for six (6) feet or more above the ground level.C. An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Township officials for mobile home parks.
ARTICLE V - PROHIBITED ACTIVITIES
Section 5.00 - General
In accordance with the administrative regulations promulgated by the Department of Community Affairs to implement the Pennsylvania Flood Plain Management Act, (Act 1978-166), the following obstructions and activities are prohibited if located entirely or partially within an identified floodplain area:
A.Hospitals (public or private)
Hospitals (public or private)B.Nursing homes (public or private)
Nursing homes (public or private)C.Jails or prisons
Jails or prisonsD.New mobile home parks and mobile home subdivisions, and substantial improvements to existing mobile home parks.
New mobile home parks and mobile home subdivisions, and substantial improvements to existing mobile home parks.ARTICLE VI - EXISTING STRUCTURES IN IDENTIFIED FLOODPLAIN AREAS
Section 6.00 - General
Structures existing in any identified floodplain area prior to the enactment of this Ordinance may continue to remain, provided that:
A.Any modification, alteration, reconstruction or improve¬ment of any kind to an existing structure, to an extent or amount of fifty (50) percent or more of its market value, shall consti¬tute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Ordinance.
Any modification, alteration, reconstruction or improve¬ment of any kind to an existing structure, to an extent or amount of fifty (50) percent or more of its market value, shall consti¬tute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Ordinance.ARTICLE VII - VARIANCES
Section 7.00 - General
In compliance with any of the requirements of this Ordinance would result in an exceptional hardship to a prospective builder, developer or landowner, the Township may, upon request, grant relief from the strict application of the requirements.
Section 7.01 - Variance Procedures and Conditions
Requests for variances shall be considered by the Township in accordance with the procedures contained in Section 2.11 and the following:
1.Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Special Permit (Art. V) or to Development Which May Endanger
Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Special Permit (Art. V) or to Development Which May EndangerHuman Life (Sec. 4.02).
2.If granted, a variance shall involve only he least modification necessary to provide relief.
If granted, a variance shall involve only he least modification necessary to provide relief.3.In granting any variance, the Township 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.
In granting any variance, the Township 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.4.Whenever a variance is granted, the Township shall notify the applicant in writing that:
Whenever a variance is granted, the Township shall notify the applicant in writing that:(a)the granting of the variance may result in increased premium rates for flood insurance.(b)such variances may increase the risks to life and property.5.In reviewing any request for a variance, the Township shall consider, at a minimum, the following:
In reviewing any request for a variance, the Township shall consider, at a minimum, the following:(a)that there is good and sufficient cause.(b)that failure to grant the variance would result in exceptional hardship to the applicant.(c)that the granting of the variance will (i) neither result in an acceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, (ii) nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable State of local ordinances and regulations.6. A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred (100) year flood.
ARTICLE VIII - DEFINITIONS
Section 8.00 - 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 8.01 - Specific Definitions
A.Accessory use or structure - a use or structure on the same lot with, and of a nature customarily incidental and sub-
Accessory use or structure - a use or structure on the same lot with, and of a nature customarily incidental and sub- ordinate to, the principal use or structure.
B.Building - a combination of materials to form a permanent structure having walls and a roof. Included shall be
Building - a combination of materials to form a permanent structure having walls and a roof. Included shall beall mobile homes and trailers to be used for human habitation.
C.Construction - the construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.
Construction - the construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.D.Development - any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
Development - any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.E.Flood - a temporary inundation of normally dry land area.
Flood - a temporary inundation of normally dry land area.F.Floodplain area - a relatively flat or low land area which is subject to partial or complete inundation from an
Floodplain area - a relatively flat or low land area which is subject to partial or complete inundation from anadjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters
from any source.
G.Flood-proofing - means any combination of structural and non-structural 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.
Flood-proofing - means any combination of structural and non-structural 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.H. 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 exit way requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
I. Mobile home - means a transportable, single family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.
J. Mobile home park - a parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient use.
K. Obstruction - any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectifica¬tion, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood prone area., which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property. L. One hundred year flood - a flood that, on the average, is likely to occur once every one-hundred (100) years (i.e. that has one (1) percent chance of occurring each year, although the flood may occur in any year).
M. Regulatory flood elevation - the one-hundred (100) year flood elevation plus a freeboard safety factor of one and one-half (1-1/2) feet.
N. Special permit - a special approval which is required for hospitals, nursing homes, jails, and new mobile home parks and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
0. Structure - anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, mobile homes, and other similar items.
P. Subdivision - the division or re-division 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, transfer of ownership or building or lot development. The division of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access, shall be exempted.
ORDAINED AND ENACTED this 1st day of August, 1983, by the Township of Pine, Indiana County, Pennsylvania.
Attest: Kathryn Malenich
Steve BeilchickThomas A. RodgersSam Mariskanish