BOROUGH OF CLARKS SUMMIT COUNTY OF LACKAWANNA COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 2020-03 ANORDINANCE: REQUIRING ALLI PERSONS, PARINERSHIPS, BUSINESSES, AND CORPORATIONS TO OBTAIN. A PERMIT: FOR ANY CONSTRUCTION OR DEVELOPMENT; PROVIDING FOR THE ISSUANCE OF SUCH PERMITS; SETTING FORTH CERTAIN MINIMUM REQUIREMENTS FOR NEW CONSTRUCTION AND DEVELOPMENT WITHIN AREAS OF THE BOROUGH OF CLARKS SUMMIT WHICH ARE SUBJECT TO1 FLOODING; AND ESTABLISHING PENALTIES FOR. ANY PERSONS WHO FAIL, ORI REFUSE TO COMPLY WITH, THE REQUIREMENTS OR PROVISIONS OF THIS ORDINANCE.  ARTICLEI.  STATUTORY AUTHORIZATION  The Legislature of the Commonwealth of] Pennsylvania has, by the passage oft the Pennsylvania Flood Plain Management Act of1978, delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare ofits citizenry. Therefore, the Council oft the Borough of Clarks Summit  (the Borough") does hereby order as follows.  ARTICLEII. Section 2.01 Intent The intent oft this Ordinance is to:  GENERALFROVISIONS  A. Promote the general health, welfare, and safety of the community.  B. Encourage the utilization of appropriate construction practices in order to prevent or .M Minimize danger to public health by protecting water supply and natural drainage.  minimize flood damage in the future.  1    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  Its 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 unless a  Permit has been obtained from the Floodplain Administrator. Section 2.03 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. Ifthere is any conflict between any of the  provisions oft this Ordinance, the more restrictive shall apply.  Section 2.04 Severability  Ifa 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  ofthis Ordinance arel hereby declared tol be severable. Section 2.05 Warning and Disclaimer ofLiability  The degree of flood protection sought by the provisions ofthis Ordinance is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may bei increased by man-made or natural causes, such as icej jams and bridge openings restricted by debris. This Ordinance does not imply that areas outside any identified floodplain areas, ort that land uses permitted within such areas willl bei free from flooding This Ordinance shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative  or flood damages.  decision lawfully made thereunder.  ARTICLE II.  ADMINISTRATION  Section 3.01 Designation ofthe] Floodplain Administrator  Thel Borough Manager is hereby appointed to administer and enforce this ordinance and is referred tol herein as thel Floodplain Administrator. The Floodplain Administrator may: (A) Fulfill the duties and responsibilities set forth in these regulations, (B) Delegate duties and  2    responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or (C) Enter: into a written agreement or written contract with another agency or private sector entity to administer specific provisions oft these regulations. Administration of any part oft these regulations by another entity shall not relieve the community ofits responsibilities pursuant tot the participation requirements oft the National Flood Insurance Program as set forth ini the Code of] Federal Regulations at 44 C.F.R. Section 59.22. In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are  to be fulfilled by the Borough's Code Enforcement Officer.  Section 3.02 Permits Required  A Permit shall be required before any construction or development is undertaken within any area  oft the Borough.  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 B. Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine ifa 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 (Act1 1978-325, as amended); thel Pennsylvania Clean Streams Act(Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404,33, U.S.C. 1344. No C.In the case of existing structures, prior to the issuance of any Development/Permit, the Floodplain Administrator shall review the proposed cost ofi improvements or repairs and the pre-improvement market value of the structure, sO that a substantial mprovemenlsubstantial damage determination can be made, in accordance with FEMA's D. In the case of existing structures, prior to the issuance of any Development/Permit, the Floodplain Administrator shall review the history ofr repairs to the subject building, SO that any cumulative substantial damage concerns can be addressed before the permit isi issued. E. 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  and all other applicable codes and ordinances.  permit shall be issued until this determination has been made.  Substantial mprovement/Sabstamntial Damage Desk Reference.  3    ordinances. He/she shall make as many inspections during and upon completion of the F. Int the discharge ofl 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 G. Int 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, thel Floodplain Administrator shall revoke the Permit and report such fact to the Council for whatever action it considers necessary. H. The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this ordinance including, but not limited to, finished construction elevation data, permitting, inspection and enforcement. 1 Thel Floodplain Administrator is the official responsible for submitting al biennial report to FEMA concerning community participation in the National Flood Insurance Program as J. The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the floodplain K. The Floodplain Administrator shall consider the requirements of the 34 PA Code and the 2015 IBC and the 2015IRC, ort thel latest revision thereof as adopted by the Commonwealth  work as are necessary.  ofthis ordinance.  requested.  administralor'manager.  of Pennsylvania.  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. 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.  4    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 7. Aj plan oft the site showing the exact size and location of thej proposed construction  occurred where appropriate.  as well as any existing buildings or structures.  B. Ifany proposed construction or development is located entirely or partially within any identified floodplain area, applicants for Permits shall provide all thei necessaryinformation 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 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 toj prevent floatation, collapse, or lateral movement;  ordinances;  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:  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;  5    b. topographic contour lines, ifa available;  C. the location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed d. the location ofall existing streets, drives, and other access ways; and e. the location of any existing bodies of water or watercourses, identified floodplain areas, and, ifavailable, information pertaining to the floodway, and the flow of water including direction and velocities.  subdivision and development;  3. 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  North American Vertical Datum of1988; b. the elevation of the base flood;  C. supplemental information as may be necessary under 34 PA Code, the International Building Code (IBC) and in the 2015 International Residential Code (IRC), or the latest revision thereof as adopted by the  Commonwealth of Pennsylvania.  4. The following data and documentation:  a.detailed information concerning any proposed floodproofing measures and b.if available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood. .d documentation, certified by ai registered professional engineer or architect, tos show that the cumulative effect ofany proposed development withina any Identified Floodplain Area (See Section 4.01) when combined with all other existing and anticipated development, will not cause any increase in d. a document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been  corresponding elevations.  the base flood elevation.  6    adequately designed to withstand the pressures, velocities, impact and Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the e. detailed information: needed to determine compliance with Section 5.031 F., Storage, and Section 5.04, Development Which May Endanger Human  uplift forces associated with the base flood.  structure and/or the development.  Life, including:  the amount, location and purpose of any materials or substances referred to in Sections 5.03 F. and 5.04 which are intended to be used, produced, stored or otherwise maintained on site. ii. adescription ofthes safeguards incorporated into the design ofthe proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Section 5.04 during al base flood.  fthe 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 ai 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 Lackawanna County Conservation District  Acopyofallmpplitamion: andj plans for any proposed construction or development in anyi identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to the Lackawanna County Conservation District ("Conservation District") for review and comment prior to the issuance of a Permit. The recommendations 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  Acopy ofall plans and applications for any proposed construction or development in: anyi identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator  7    to any other appropriate agencies and/or individuals (e.g. planning commission, Borough  Engineer, etc.) 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 aj placard, or similar document, which shall be displayed on1 the premises during the time construction isi inj 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 or development shall begin within 180 days after the date of issuance oft the development permit. Work shall also be completed within twelve( (12)months after the date ofi issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance of development permit does not refer to The açtual start of construction means either the first placement of permanent construction ofa structure on a site, such as thej pouring ofs slab or footings, the installation of piles, the construction ofcolumns, or any work beyond the: stage ofexcavation; or the placement ofamanufactured. 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/or 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 ofconstruction: means the first, alteration of any wall, ceiling, floor, or other structural part ofa al building, whether or not that alteration affects the external dimensions Time extensions shall be granted only ifa a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance & FIRM/FIS in effect at the time the  the zoning approval.  oft the building.  extension is granted.  8    Section 3.10 Enforcement A. Notices  Whenever the Floodplain Administrator or other authorized representative ofthel Borough 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. bei in writing;  2. include a statement oft the reasons for its issuance;  3. allow a reasonable time not to exceed a period of thirty (30) days for the 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 properly served upon such owner or agent when a copy thereofhas been served with such notice by any other method authorized or required by the laws ofthis 5. contain an outline of remedial actions which, if taken, will effect compliance  performance ofa any act it requires;  State;  with the provisions of this Ordinance.  B. Penalties  Any person who fails to comply with any or all of 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 representative of the Borough shall be guilty of a summary offense and upon conviction shall pay a fine to Borough, of not less than Twenty-five Dollars ($25.00) nor more than Six Hundred Dollars ($600.00): 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 ofthis Ordinance. Thei 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. All such persons shall be required to correct or remedy such violations and noncompliance within ai reasonable time. Any development initiated or any structure or building constructed, reconstructed,  9    enlarged, altered, or relocated, in noncompliance with this Ordinance may be declared by  the Borough's Council tol be aj public nuisance and abatable as such.  Section3.11 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 Zoning Hearing Board. Such appeal must be filed, in writing, within thirty (30) days after B. Upon receipt of such appeal the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code and any other local ordinance. C.A Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this State including the  the decision, determination or action oft the Floodplain Administrator.  Pennsylvania Flood Plain Management Act.  ARTICLEIV. Section 4.01 Identification The identified floodplain area shall be:  IDENTIFICATION OF FLOODPLAIN AREAS  A. any areas ofl Borough, classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMS) dated August 5, 2020 and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood  Insurance Study and,  B. any Community Identified Flood Hazard Areas.  The above referenced FIS and FIRMS, and any subsequent revisions and amendments are hereby Section 4.02 Description and Special Requirements of] Identified Floodplain Areas The identified floodplain area shall consist of the following specific areas:  adopted by Borough and declared to be aj part oft this Ordinance.  A. The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood withouti increasing the water surface elevation by more than one (1) foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources ofinformation for those Special  10    Flood Hazard Areas where no floodway has been identified in the FIS and FIRM. 1. Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the 2. Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental  occurrence oft thel base flood discharge.  Protection Regional Office.  B. The AE. Area/District shall be those areas identified as an. AE. Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided. 1. The AE. Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and ai floodway has been delineated.  2. AE Area without floodway shall be those areas identified as an AE: zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations  have been provided but no floodway has been determined.  i. No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development together with all other existing and anticipated development, would not result in an increase in flood levels within the entire community during the occurrence of the base flood ii. 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 the appropriate permit is obtained from the Department of  discharge.  Environmental Protection Regional Office.  11    C. The A Area/District shall be those areas identified as an A Zone on the FIRM: included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other Federal, State, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation ofap point on the boundary of thei identified floodplain area which is nearest the construction site. In lieu oft 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. In the absence of any of the above data or documentation, the community may require elevation of the D. The AO and AH Area/ District shall bet those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by -percem-ammual-chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from E. Community Identified Flood Hazard Areas shall be those areas where Borough has identified local flood hazard or ponding areas, as delineated and adopted on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks, soils or approximate study  lowest floor to be at least three feet above thel highest adjacent grade.  structures on slopes.  methodologies.  Section 4.03 Changes in Identification of Area  The Identified Floodplain Area may be revised or modified by the Borough's Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard. Areal by submitting technical or scientific data. See 5.01 (B) for situations  where FEMA notification is required. Section 4.04 Boundary Disputes  12    Should: a dispute concerning anyi identified floodplain boundary arise, ani initial determination: shall be made by the Borough and any party aggrieved by this decision or determination may appeal to  the Council. The burden of proof shall be on the appellant. Section 4.05 Jurisdictional Boundary Changes  Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in CFR  44 60.3. ARTICLEV. Section 5.01 General  TECHNICAL PROVISIONS  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 approvals have first been obtained from the Pennsylvania Department of Environmental 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 3. Inaddition, FEMA and thel Pennsylvania Department ofCommunity and Economic Development, shall be notified prior to any alteration or relocation of any  Protection Regional Office.  flood carrying capacity of the watercourse in any way.  watercourse.  B. When the Borough proposes to permit the following encroachments:  any development that causes ai rise in thel base flood elevations within the floodway; or any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause ai rise oft more than one foot in thel base flood elevation; or alteration or relocation ofa a stream (including but not limited to installing culverts and  bridges)  13    The applicant shall (as per 44 CFR Part 65.12):  1. apply to FEMA for conditional approval of such action prior toj permitting the 2. Upon receipt of thel FEMA Administrator's conditional approval of map change andj prior to approving the proposed encroachments, a community shall provide evidence to FEMA oft the adoption of floodplain management ordinances incorporating the increased base flood elevations and/ /c or revised floodway  encroachments to occur.  reflecting the post-project condition.  3. Upon completion of the proposed encroachments, the applicant shall provide as- built certifications. FEMA will initiate ai final map: revision upon receipt of such  certifications in accordance with 44 CFR Part 67.  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.  Section 5.02 Elevation and Floodproofing Requirements  Within any Identified Floodplain Area any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the Identified Floodplain Area in accordance with the criteria in Article VIII, then the following  provisions apply:  A. Residential Structures  1. In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the 2. In A Zones, where there are no Base Flood Elevations specified on the FIRM, any new construction or: substantial improvement shall have thel lowest floor (including basement) elevated up to, or above, the Regulatory Flood Elevation determined in 3. In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as  Regulatory Flood Elevation.  accordance with Section 4.02.C ofthis ordinance.  high as the depth number specified on1 the FIRM.  14    4. Thec design and construction standards and specifications contained int the 20151 IBC andi in the 2015 IRC or the latest edition thereofa adopted by the Commonwealth of Pennsylvania, and ASCE: 24: and 34PACode (Chapters 401-405 as amended) shall  be utilized, where they are: more restrictive.  B. Non-residential Structures  1. InAE, A1-30 and AH Zones, any new construction or substantial improvement of anon-residential. structure: shall have thel lowest floor (including basement) elevated up to, or above, thel Regulatory Flood Elevation, or be designed and constructed SO  that the space enclosed below the Regulatory Flood Elevation:  a. isf floodproofed sO that the structure is watertight with walls substantially b. has structural components with the capability of resisting hydrostatic and  impermeable to thej passage of water and, hydrodynamic loads and effects of buoyancy:  2. InA2 Zones, where no Base Flood Elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the Regulatory Flood Elevation determined in accordance with Section 4.02.C oft this ordinance. 3. In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade 4. Any non-residential structure, or part thereof, made watertight below the Regulatory Flood Elevation shall be floodproofed in accordance with the W1 or W2 spaçe classification standards contained in the publication entitled "Flood- Proofing Regulations" published by the U.S. Army Corps of] Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing 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. There should be a statement submitted with the permit application and a statement submitted witht the as-built! Floodproofing Certificate priort tot theissuance 5. Any non-residential structure that will be floodproofed must submit the following  to at least as high as the depth number specified on the FIRM.  oft the Certificate of Occupancy.  15    to the Floodplain Administrator along with the non-residential Floodproofing Certificate and prior to thei issuance oft the Certificate ofOccupancy:  a.An Inspection and Maintenance Plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected 1. Mechanical equipment such as sump pumps and generators,  include at a minimum:  2. Flood shields and closures, 3. Walls and wall penetrations, and 4. Levees and berms (as applicable)  b.Flood Emergency Operation Plan detailing the procedures to be followed during ai flooding event, and must include information pertaining tol how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan 1. Anestablished chain ofcommand and responsibility with leadership responsibilities clearly defined for all aspects oft the plan. 2. A procedure for notification of neçessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties 3. A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary top properlyi install all floodproofing components must bei includedi in 4. An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must  must include the following:  under the plan.  the list.  16    bei identified.  5. A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least onçe a year and should be coordinated with  community officials.  6. The design and construction standards and specifications contained int the 2015IBC and in the 20151 IRC or the latest revision thereof as adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 PA Code (Chapters 401-405 as amended)  shall be utilized, where they are more restrictive.  C. Space below the lowest floor  1.1 Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking ofa vehicle, building access, ori 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 2. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum  spaces.  criteria:  a. aminimum oft two openings having ai net total area ofn not less than one (1) square inch for every square foot of enclosed space installed on two (2) b. the bottom ofa all openings shall be nol higher than one (1) foot above grade. C. openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of  separate walls  floodwaters.  D. Historic Structures  17    Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this ordinance, 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 ofHistoric Places ort the State Inventory ofHistoric 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. Section 5.03 Design and Construction Standards within any identified floodplain area:  The following minimum standards shall apply for all construction and development proposed  A. Fill  Within any Identified Floodplain Area, the use of fill shall be prohibited. Ifa variance is obtained in accordance with the criteria in Article VII, then the following provisions  apply:  1.Iffill is used, it shall:  a. extend laterally atl least fifteen( (15) feet beyond the building line from all points; b. consist of soil or small rock materials only - Sanitary Landfills shall not be . bec compacted to provide the necessary permeability and resistance to erosion, d. bei no steeper than one (1) vertical tot two (2)! horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by the Floodplain be used to the extent to which it does not adversely affect adjacent properties.  permitted;  scouring, or settling;  Administrator; and  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 ensure 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.  18    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 2. Sanitary sewer facilities and systems shall be designed to prevent the discharge of 3. No part ofa any on-site waste disposal 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 4. The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities From Flood Damages" and "The International Private Sewage  the infiltration offlood waters. untreated sewage into flood waters.  impairment toi it, or contamination from it, during ai flood.  Disposal Code" shall be utilized.  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 ofi impairment during a  flood. E. Streets  The finished elevation of all new streets shall be no more than one (1) foot below the  Regulatory Flood Elevation.  F. Storage  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 or floodproofed 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.  19    H. Anchoring  1. All buildings and structures shall be firmly anchored in accordance with accepted engineering practices toj prevent flotation, collapse, or lateral movement. 2. All air ducts, large pipes, storage tanks, and other similar objects or components located below thel Regulatory Flood Elevation shall be securely anchored or affixed  top 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 2. Plywood used at or below the Regulatory Flood Elevation shall be ofa' "marine" or 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 4. Windows, doors, and other components at or below the Regulatory Flood Elevation  grain without causing structural damage to the building.  'water-resistant" variety.  inundation.  shall be made of metal or other water-resistant" material.  J. Paints and Adhesives  1. Paints and other finishes used at or below the Regulatory Flood Elevation shall be 2. Adhesives used at or below the Regulatory Flood Elevation shall be ofa' "marine" 3. All wooden components (doors, trim, cabinets, etc.) used at or below the Regulatory Flood Elevation shall be finished with a "marine" or water-resistant"  of"marine" or water-resistant" quality. or' 'water-resistant" variety.  paint or other finishing material.  K. Electrical Components  1. Electrical distribution panels shall be at least three (3) feet above the base flood  elevation.  20    2. 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 electrical, mechanical or utility equipment or apparatus shall not be located below the Regulatory Flood Elevation and shall be anchored to resist floatation, collapse, and 2. Ductwork shall be elevated to or above the Regulatory Flood Elevation or  lateral movement  floodproofed to remain water resistant.  M. Fuel Supply Systems  All gas and oil supply systems shall be designed toj 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 in 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 oft this ordinance, to the extent that they are more restrictive and 20151 IBC or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: 2015 IRC or the latest revision thereof as adopted by the Commonwealth of Pennsylvania:  supplement the requirements of this ordinance.  Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G. Secs. R104, R105, R109, R322, Appendix E, and Appendix. J. Section 5.04 Development That May Endanger Human Life  Within any Identified Floodplain Area, any structure of the kind described in Subsection A., below, shall be prohibited. If a variance is obtained in accordance with the criteria in 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  Article VIII, then the following provisions apply: (5.04B,C,&D)  Act, any new or substantially improved structure which:  21    1. will be used for the production or storage of any of the following dangerous 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 3. will involve the production, storage, or use of any amount of radioactive 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  materials or substances; or,  materials or substances on the premises; or,  substances;  human life:  Acetone Ammonia Benzene Calcium carbide Carbon disulfide Celluloid Chlorine Hydrochloric acid Hydrocyanic acid Magnesium  Nitric acid and oxides of nitrogen Petroleum products (gasoline, fuel oil, etc.)  Phosphorus Potassium Sodium  Sulphur and Sulphur products  Pesticides (including insecticides, fungicides, and rodenticides)  Radioactive substances, insofar as such substances are not otherwise regulated.  B. Within any Identified Floodplain Area, any new or substantially improved structure oft the kind described in Subsection A., above, shall be prohibited within the area measured fifty C. Within any Floodway Area, any structure of the kind described in Subsection A., above,  (50) feet landward from the top-of-bank of any watercourse.  22    shall be prohibited. Where permitted within any Identified Floodplain Area, any new or substantially improved residential structure of the kind described in Section 5.04 (A), above, shall be elevated to remain completely dry up to at least one and one half(1 %) feet above base flood elevation and built in accordance with Sections 5.01, 5.02 and 5.03. D. Where permitted within any Identified Floodplain Area, any new or substantially improved non-residential structure of the kind described in Section 5.04 (A) above, shall be built in 1. elevated, or designed and constructed to remain completely dry up to at least one 2. designed to prevent pollution from the structure or activity during the course ofa  accordance with Sections 5.01, 5.02 and 5.03 including:  and one half(1 ) feet above base flood elevation, and  base 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 floodproofing contained in the publiçation "Flood-Proofing Regulations (U.S. Army Corps of] Engineers, June 1972 as amended March 1992),  or with some other equivalent watertight standard.  Section 5.05 Special Requirements for Subdivisions and Development  All subdivision proposals and development proposals containing atl least 501 lots or at least 5 acres, whichever is the lesser, inl Identified Floodplain 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 ofl Map Revision (CLOMR) and Letter ofl Map Revision (LOMR). Submittal requirements and  processing fees shall be the responsibility oft the applicant. Section 5.06 Special Requirements for Manufactured Homes  A. Within any Identified Floodplain Area, manufactured homes shall be prohibited. Ifa variance is obtained in accordance with the criteria in Article VIII, then the following  provisions apply:  1. Within any Floodway Area/District, manufactured homes shall be prohibited. Ifa variance is obtained in accordance with the criteria in Article VIII, then the  following provisions apply:  23    2. Within any Identified Floodplain Area manufactured homes shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any 3. Where permitted within any Identified Floodplain Area, all manufactured homes,  watercourse.  and any improvements thereto, shall be: i. placed on aj permanent foundation;  ii. elevated sO that the lowest floor of the manufactured home is at least one  and one half(1 %) feet above base flood elevation; ii. and anchored to resist flotation, collapse, or lateral movement.  4. Equipment requirement:  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 and shall be anchored to resist ii. Ductwork shall be elevated to or above the Regulatory Flood Elevation or  floatation, collapse, and lateral movement. floodproofed to remain water resistant.  B. 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 oft the 2015 "International Residential Building Code" ort the "U.S. Department ofHousing and Urban Development's Permanent Foundations for Manufactured Housing," 19841 Edition, draft or latest revision C. Consideration shall be given to the installation requirements oft the 2015IBC, and the 2015 IRC or the latest revision thereto as adopted by the Commonwealth of Pennsylvania, and 34 PA Code, as amended where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the  thereto and 34 PA Code Chapter 401-405 shall apply.  proposed unit(s) installation.  Section 5.07 Special Requirements for Recreational Vehicles  Within any Identified Floodplain Area, the storage of recreational vehicles shall be prohibited. If avariance is obtained in accordance with the criteria in Article VII, then the following provisions  apply:  24    A. Recreational vehicles in Zones A, A1-30, AH and AE must either:  1. be on the site for fewer than 180 consecutive days; and be fully licensed and ready 2. meet the permit requirements for manufactured homes in Section 5.06.  for highway use; or  ARTICLE VI. Section 6.01 General  ACTIVITIES REQUIRING SPECIAL PERMITS  In accordance with the administrative regulations promulgated by the Pennsylvania Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within anyl Identified: Floodplain Area A. The commencement ofa any oft the following activities; or the construction, enlargement, or expansion of any structure used, ori intended to be used, for any ofthe following activities:  unless a Variance and Special Permit has been issued by the Borough:  1.1 Hospitals 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 oft 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. Aj plan oft the entire site, clearly and legibly drawn at a scale of one (1)inch being equal to  onel 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,  25    showing existing and proposed contours ati intervals oftwo (2) feet;  3. all property and lot lines including dimensions, and the size oft the site expressed in 4. thel location ofall 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 . the location of the floodplain boundary line, information and spot elevations concerning the base flood elevation, and information concerning the flow of water 7. the location of all proposed buildings, structures, utilities, and any other 8. any other information which the municipality considers necessary for adequate  acres or square feet;  activity or development;  including direction and velocities;  improvements; and 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 floor plans, 2. for any proposed building, the elevation of the lowest floor (including basement) 3. complete information concerning flood depths, pressures, velocities, impact and 4. detailed information concerning any proposed floodproofing measures, including the Flood Emergency Operation Plan and the Inspection and Maintenance Plan; 5. cross section drawings for all proposed streets, drives, other accessways, and 6. profile drawings for all proposed streets, drives, and vehicular accessways  sections, and exterior building elevations, as appropriate; and, as required, the elevation ofany other floor;  uplift forces, and other factors associated with the base flood;  parking areas, showing all rights-of-way and pavement widths;  26    including existing and proposed grades; and systems, and any other utilities and facilities.  7. plans and profiles of all proposed sanitary and storm sewer systems, water supply  E.1 Thei following data and documentation:  1. certification from the applicant that the site upon which the activity or development isp proposed is an existing separate and single parcel, owned by the applicant or the 2. certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect 3. a statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description oft the: nature and extent of pollution that might possibly occur from the development during the course of a base flood, including a statement concerning 4. astatement 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 and flows; 5. as statement, certified by ai 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 possibly exist or be located on the site below the base flood elevation and the effects suchi materials and 6. the appropriate component of the Pennsylvania Department of Environmental 7. where any excavation or grading is proposed, a plan meeting the requirements of the Pennsylvania Department of Environmental Protection to implement and 8. any other applicable permits such as, but not limited to, a permit for any activity regulated by the Pennsylvania Department of Environmental Protection under  client he represents;  against damage from the base flood;  the effects such pollution may have on human life;  debris may have on base flood elevation and flows; Protection's Planning Module for Land Development,"  maintain erosion and sedimentation control;  Section 302 of Act 1978-166; and  27    9. an evacuation plan which fully explains the manner in which the site will be safely  evacuated before or during the course ofal base flood.  Section 6.03 Application Review Procedures apply in addition to those of Article I:  Upon receipt of an appliçation for a Special Permit by the Borough, the following procedures shall A. Within three (3) working days following receipt of the application, a complete copy oft the application and all accompanying documentation shall be forwarded to the Lackawanna County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Borough's B. If an application is received that is incomplete, the Borough shall notify the applicant in C. Ifthel Borough decides to disapprove an application, it shall notify the applicant, in writing, D. Ifthe Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Pennsylvania DepamtumentofCommuniy and Economic Development, by registered or certified mail, within five (5) working days E. Before issuing the Special Permit, the Borough shall allow the Department of Community and Economic Development thirty (30) days, after receipt of the notification by the Department, to review the application and decision made by the Borough. F. Ifthe Borough does not receive any communication from the Pennsylvania Department of Community and Economic Development during the thirty (30) day review period, it may G. Ifthe Pennsylvania Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue the Special Permit.  Planning Commission and Borough Engineer for review and comment. writing, stating in what respect the application is deficient.  oft the reasons for the disapproval.  after the date of approval.  issue a Special Permit to the applicant.  Section 6.04 Special Technical Requirements  A. In addition to the requirements of Article V of this Ordinance, the following minimum requirements shall also apply to any proposed development requiring a Special Permit. If there is any conflict between any oft the following requirements and those in Article V of  28    this Ordinance orin: any other code, ordinance, or regulation, the more restrictive provision 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 ai manner which will: 1. Fully protect the health and safety of the general public and any occupants oft the structure. At a minimum, all new structures shall be designed, located, and a. the: structure will survive inundation by waters ofthel base flood without any lateral movement or damage to either the structure itself, or to any of its b. the lowest floor (including basement) will be elevated to at least one and 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.  shall apply.  constructed so that:  equipment or contents below the BFE.  one half(1 %2) feet above base flood elevation.  2. Prevent any significant possibility of pollution, increased flood levels or flows, or  debris endangering life and property.  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, etc. shall be submitted in sufficient detail to allow a thorough technical review by the Borough and the Pennsylvania  Department of Community and Economic Development.  ARTICLE VII  EXISTING STRUCTURES INI IDENTIFIED FLOODPLAIN AREAS  Section 7.01 Existing Structures  The provisions of this Ordinance 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 Section 7.02 shall apply. Section 7.02 Improvements  The following provisions shall apply whenever any improvement is made to an existing structure A. No expansion or enlargement ofan existing structure shall be allowed within any Identified  located within any Identified Floodplain Area:  29    Floodplain Area that would cause any increase in BFE. In A Area/District(s), BFEs are B. Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of fifty (50) percent or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with C. The: above activity shall also address the requirements oft the 34PA Code, as amended and the 2015 IBC and the 2015 IRC or most recent revision thereof as adopted by the D. Within any Floodway Area/District (See Section 4.02 A), no new construction or development shall be allowed, unless the appropriate permit is obtained from the E. Within any AE. Area/District without Floodway (See Section 4.02 B), no new construction ord development shall be located within the areai measured fifty (50) feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the F. Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than fifty (50) percent ofits market value, shall be G. Any modification, alteration, reconstruction, or improvement of any kind occurring as a result of "cumulative substantial damage," as defined in this Ordinance, shall be undertaken only in full compliance with the provisions ofthis ordinance.  determined using thei methodology in Section 4.02C.  the provisions oft this Ordinance.  Commonwealth of Pennsylvania.  Department of] Environmental Protection Regional Office  Department of Environmental Protection Regional Office.  elevated and/or floodproofed to the greatest extent possible.  ARTICLE VII Section 8.01 General  VARIANCES  If compliance with any of the requirements of this Ordinance would result in an exceptional hardship to a prospective builder, developer or landowner, the Borough's: Zoning Hearing Board  may, upon request, grant relief from the strict application of the requirements.  Section 8.02 Variance Procedures and Conditions  Requests for variances shall be considered by the Borough's! Zoning Hearing Board in accordance  with the procedures contained in Section 3.11 and the following:  30    A. No variance shall be granted within any Identified Floodplain Area that would cause any increase in BFE. In A Area/District, BFES are determined using the methodology in B. 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 (Article VI) or to Development C.Ifgranted, a variance shall involve only the least modification necessary to provide relief. D. In granting any variance, the Borough's Zoning Hearing Board 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. E. Whenever a variance is granted, the Borough's Zoning Hearing Board shall notify the  Section 4.02C C.  Which May Endanger Human Life (Section 5.04).  applicant in writing that:  1. The granting of the variance may result in increased premium rates for flood  insurance.  2. Such variances may increase the risks to life and property.  F. In reviewing any request for a variance, the Borough's Zoning Hearing Board shall  consider, at ai minimum, the following: 1. That there is good and sufficient cause.  2. That failure to grant the variance would result in exceptional hardship to the  applicant.  3. That the granting of the variance will  a. neither result in an unacceptable or prohibited increase in flood heights, additional threats toj public safety, or extraordinary public expense, b.I nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.  G. A complete record of all variance requests and related actions shall be maintained by the Borough's Zoning Hearing Board. In addition, ai report ofall variances granted during the  year shall be included in the annual report to the FEMA.  31    Notwithstanding any ofthe above, however, all structures shall be designed and constructed sO as  tol have the capability of resisting the one-percent (1%) annual chance flood.  ARTICLE. - IX.  DEFINITIONS  Section 9.01 General  Unless specifically defined below, words and phrases used in this Ordinance shall be interpreted  SO as to give this Ordinance its' most reasonable application.  Section 9.02 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 thel Flood Insurance Ratel Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from ai flood that has a 1-percent or greater chance ofbeing 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 7. Cumulative substantial damage: flood related damages sustained by a structure on two or more separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of 8. Declaration of Land Restriction Non-Conversion Agreement): a form signed by the property owner to agree not to convert or modify in any manner that is inconsistent with the terms ofthe permit and these regulations, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record  habitation.  the structure before the damages occurred.  it on the property deed to inform future owners of the restrictions.  32    9. Development: any man-made change toi 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; 10. Existing manufactured home park or subdivision: ai 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 11. 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).  storage of equipment or materials; and the subdivision of land.  ac community.  12. Flood: a temporary inundation of normally dry land areas.  13. 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 14. Flood Insurance Study (FIS): the official report provided by the Federal Emergency Management Agencythati includes flood profiles, thel Flood Insurance Ratel Map, thel Flood Boundary and Floodway Map, and the water surface elevation of the base flood. 15. 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. 16. Floodproofing: any combination of structural and nonstructural additions, changes, or adjustments tos structures which reduced oreliminate flood damage to real estate orimproved 17. Floodway: the channel ofar river or other watercourse and the adjacent land areas that must. bei reserved in order to discharge the base flood without cumulatively increasing the water 18. Highest Adjacent Grade: the highest natural elevation of the ground surface prior to  premium zones applicable to the community.  real property, water and sanitary facilities, structures and their contents.  surface elevation more than one foot.  33    construction next to the proposed walls ofas structure. 19. Historic structures: any structure that is:  a. Listed individually in thel National Register ofHistoric Places (al listing maintained by the Department of Interior) or preliminarily determined by the Secretary oft the Interior as meeting the requirements fori individual listing on the National Register; b. Certified orp preliminarily determined by the Secretary ofthel Interiora as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as ai registered historic district; Individually listed on a state inventory ofl historic places in states which have been d. Individually listed on a local inventory of historic places in communities with  approved by the Secretary ofthe Interior; or  historic preservation that have been certified either:  i. By an approved state program as determined by the Secretary ofthel Interior ii. Directly by the Secretary of the Interior in states without approved  or  programs.  20. Identified Floodplain Area: this term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance! Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See Sections 4.01 and 4.02 for the specifics on what areas the community has 21. Lowest floor: the lowest floor oft 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 thel lowest floorofabuilding, provided that such space is not designed and built so that the structure is in violation oft the applicable non-elevation design requirements of 22. Manufactured home: a structure, transportable in one or more sections, which is built ona a permanent chassis, and is designed for use with or without aj permanent foundation when attached tot the required utilities. The termi includes park trailers, travel trailers, recreational  included in the Identified Floodplain Area.  this ordinance.  34    and other similar vehicles which are placed on a site for more than 180 consecutive days. 23. Manufactured home park or subdivision: a parcel (or contiguous parcels) of land divided 24. New construction: structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to: such structures. Any construction started after December 18, 1979 and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of  into two or more manufactured home lots for rent or sale.  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 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, 27. Post-FIRM Structure: is 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 December 18, 1979, whichever is later, and, as such, would be required tol be compliant with the regulations ofthe National Flood Insurance Program. 28. Pre-FIRM Structure: isa 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 December 18, 1979, whichever is later, and, as such, would not be required tol be compliant with the regulations ofthel National Flood Insurance  acommunity.  which is recognized by law as the subject of rights and duties.  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; :. designed tol be self-propelled or permanently towable by a light-duty truck,  35    d. not designed for use as aj 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 plus a freeboard safety factor of one and one-half(1 %) feet. The freeboard safety factor also applies to utilities and ductwork. 31. Special permit: a special approval which is required: for hospitals, nursing homes, jails, and newi manufactured home parks/ subdivisions and: substantial improvements to such existing parks, when such development is located in all, or a designated portion ofa a floodplain. 32. Special flood hazard area (SFHA): means an area ini the floodplain subject to al 1 percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, 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 aftert the date ofthe permit and: shall be completed within twelve (12) 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 thej pouring ofs slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on ai 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 al basement, footings, piers, or foundations or the erection oft temporary forms; nor does it include the installation on1 the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not] part ofthei main structure. Forasubstantial improvement, the actual start of construction means the first alteration ofa any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions 34. Structure: a walled and roofed building, including a gas or liquid storage tank that is 35. Subdivision: the division or re-division ofa 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:  A1-A30, AE, A99, or, AH.  ofthel building.  principally above ground, as well as ai manufactured home.  36    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 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 (50) percent or more of the market value of the structure before the damage occurred. 37. Substantial improvement: any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds fifty (50) 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" or "cumulative 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 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 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 39. Variance: a grant of relief by a community from the terms of a floodplain management 40. Violation: means the failure ofa structure or other development to be fully compliant with the community's floodplain 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  residential dwelling, shall be exempted.  living conditions.  various sections oft the IRC and the IBC.  regulation.  tol bei in violation until such time as that documentation is provided.  37    ARTICLEX. Section 10.01 Adoption  ENACTMENT  This Ordinance shall be effective on. July 1,2 2020 and shall remain in force until modified, amended or rescinded by Borough of Clarks Summit, Lackawanna County, Pennsylvania.  ENACTED AND ADOPTED by the Council this 1St day ofJuly, 2020.  -  COUNCIL OF THE BOROUGH OF CLARKS  SUMMIT - V Bicemm Council President  Secretary  &  - 1 0  E  APPROVED, thisdeyo ofJuly, 2020, by the Mayor oft the Borough ofClarks Summit  TE  A  Borough gf Çlarks Summit Secretary  bfn  Mayor  38