Article 2
Lebanon County Flood-Proofing Building Code Adopted by Reference
§4-201 Flood Damage Control Regulations Adopted by Reference.
WHEREAS, Cornwall Borough Council has previously adopted the Lebanon County Floodproofing Building Code by Ord. 1993-3 on May 10, 1993; and
WHEREAS, the County of Lebanon has revised said Code on May 27, 1999; and
WHEREAS, Cornwall Borough Council has conducted a Public Hearing to consider enacting the revised Lebanon County Floodproofing Building Code; and
WHEREAS, the Cornwall Borough Planning Commission and the Lebanon County Planning Department have reviewed and recommended adoption of the said revised Code; and
WHEREAS, after a public hearing and consideration of all comments and information, the Council of Cornwall Borough deems it beneficial to the residents of Cornwall Borough and to the health, safety, morals, convenience, order and welfare of the Borough of Cornwall to adopt the said revised Lebanon County Floodproofing Building Code.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Council of Cornwall Borough, as follows:
(Ord. 2002-7, 10/14/2002)
Exhibit A
Article I Flood Damage Control Regulations.
In order to prevent excessive damage to buildings and structures due to conditions of flooding, the following restrictions shall apply to construction, development, and substantial improvements occurring in any designated Floodplain Districts.
Section 1.1 Basements and First Floors.
A. Basements and Lowest Floors.
1. All new construction and substantial improvements of residential structures must have the lowest floor (including basements) constructed at or above an elevation of 2 feet above the Base Flood Elevation.
2. All new construction and substantial improvements of non-residential structures must have the lowest floor (including basements) constructed at or above an elevation of 2 feet above the Base Flood Elevation; or, together with attendant utility and sanitary facilities, be floodproofed to an elevation of 2 feet above the Base Flood Elevation in accordance with Section 1.1(B) of this Ordinance.
3. Enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
a. A minimum of two openings having a net total area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than 1 foot above grade.
c. Openings may be equipped with screens, louvers, valves, etc. or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
B. For structures to be floodproofed to an elevation at or above 2 feet above the Base Flood Elevation (nonresidential structures only):
1. Plans showing details of all floodproofing measures, prepared by a registered professional engineer or architect, and showing the size of the proposed structure and its relation to the lot where it is to be constructed.
2. A determination of elevations of existing ground, proposed finished ground, lowest floor, and floodproofing limits; certified by a registered professional engineer, surveyor, or architect.
3. A certificate prepared by the registered professional engineer or architect who prepared the plans in Section 1.1(B1) above, that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
a. Below an elevation of 2 feet above the Base Flood Elevation the structure is watertight, with walls substantially impermeable to the passage of water.
b. The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact, and other forces resulting from the flood depths, velocities, pressures, and other factors associated with the Base Flood.
Section 1.2 Fill.
A. Filling or the dumping of fill material is prohibited in designated floodplain areas on vacant lots or on land not scheduled for approved construction activities.
B. Fill shall only be used to raise the finished surface of the lowest floor to an elevation of 2 feet above the Base Flood, the following conditions shall be met:
1. Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally 15 feet beyond the building line from all points. For non-residential structures, fill shall be placed to provide access acceptable for the intended use. At-grade access, with fill extending laterally 15 feet beyond the building line, shall be provided to a minimum of 25 percent of the perimeter of a non-residential structure.
2. Fill shall consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
3. Fill material shall be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
4. Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data, justifying steeper slopes are submitted to and approved by the Zoning Officer;
5. Fill shall be used only to the extent to which it does not adversely affect adjacent properties.
6. Use of fill shall be permitted only when the property owner or applicant provides a document acceptable by the Zoning Officer, certified by a registered professional engineer, stating that the cumulative effect of the proposed fill, in conjunction with the other anticipated development, will not result in an increase in the water surface elevation of the Base Flood at any point.
Section 1.3 Placement of Buildings and Structures.
A. All buildings and structures, including manufactured homes, shall be constructed and placed on the lot 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.
B. The following shall not be placed or caused to be placed in any of the designated Floodplain Districts: Fences, except two-wire fences, other structures, or other matter which may impede, retard, or change the direction of the flow of water, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream of flood waters would carry the same downstream to the damage or detriment of either public or private property adjacent to the floodplain.
C. Recreational Vehicle Placement. Recreational vehicles to be placed within any floodplain area shall either. (1) be on the site for fewer that 180 consecutive days and fully licensed and ready for highway use or (2) meet the provisions of Section 1.5 of this Ordinance. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect utilities and security devices, and has no permanent foundation or attached additions.
Section 1.4 Anchoring.
A. All buildings, manufactured homes and/or substantial improvements thereto, and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.
B. All air ducts, large pipes and storage tanks located at or below the Base Flood Elevation shall be firmly anchored to prevent flotation, collapse, or lateral movement.
Section 1.5 Manufactured Home - Special Anchoring and Site Requirements.
Where permitted, all manufactured homes and/or substantial improvements thereto to be located in any designated Floodplain District shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors as well as additional precautions in the following manner.
A. Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side.
B. Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points for manufactured homes 50 feet or more in length and manufactured homes less than 50 feet long requiring four additional ties per side.
C. All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
D. Any manufactured home which is substantially improved shall be similarly anchored.
E. Where permitted, all individual manufactured homes and substantial improvements thereto, new manufactured home parks and manufactured home subdivisions, expansions to existing manufactured home parks and manufactured home subdivisions, existing manufactured home parks and manufactured home subdivisions, shall be located and/or designed so that:
1. Manufactured homes and/or substantial improvements thereto are placed on permanent foundations.
2. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home and/or substantial improvement thereto will be at or above an elevation of at least 2 feet above the Base Flood Elevation.
3. Adequate surface drainage and access for a hauler are provided.
F. Manufactured homes and/or substantial improvements thereto which are elevated by piers or pilings shall be:
1. Placed on lots large enough to permit steps,
2. Placed in stable soils on piling foundations no more than 10 feet apart, and
3. Said pilings shall be adequately reinforced if they extend more than 6 feet above ground level.
G. An evacuation plan indicating alternate vehicular access and escape routes for manufactured home parks and manufactured home subdivisions shall be filed with the appropriate local officials where appropriate.
H. Manufactured homes shall not be placed in the Floodway or Approximated (or General) Floodplain Districts, except in existing manufactured home parks and existing manufactured home subdivisions.
Section 1.6 Floors, Walls, and Ceilings.
A. Wood flooring used at or below the lowest floor level shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
B. Plywood used at or below the lowest floor level shall be of an “exterior' or “marine grade and of a water-resistant or waterproof variety.
C. Basement ceilings in non-residential structures shall have sufficient wet strength and be so installed as to survive inundation.
D. Window frames, door frames and door jambs used at or below the lowest floor level shall be made of metal.
Section 1.7 Electrical Systems.
A. All electric water heaters, electric furnaces, electric air conditioning and ventilating systems, and other critical electrical installation shall be permitted only at elevations of 2 feet or more above the Base Flood Elevation.
B. No electrical distribution panels shall be allowed at an elevation of less than 2 feet above the level of the Base Flood Elevation.
C. Separate electrical circuits shall serve lower levels and shall be dropped from above.
Section 1.8 Plumbing.
A. Water heaters, furnaces and other critical mechanical installations shall be permitted only at elevations of 2 feet or more above the Base Flood Elevation.
B. No part of any on-site sewage disposal system shall be constructed within any Floodplain District.
C. All new or replacement water supply systems and/or sanitary sewage systems shall be designed and located to preclude infiltration of flood waters into the system and discharges from the system into flood waters.
D. All gas and oil supply systems shall be designed to preclude the infiltration of flood waters into the system and discharges from the systems into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.
E. On-site waste disposal and/or storage systems shall be located to avoid impairment to them or contamination from them during flooding.
Section 1.9 Paints and Adhesives.
A. Adhesive used at or below the lowest floor level shall have a bonding strength that is unaffected by inundation.
B. Doors and all wood trim at or below the lowest floor level shall be sealed with a waterproof paint or similar product.
C. Paints or other finishes used at or below the lowest floor level shall be capable of surviving inundation.
Section 1.10 Storage.
A. No materials that are buoyant, flammable, explosive or in times of flooding, could be injurious to human, animal or plant life, shall be stored below an elevation 2 feet above the Base Flood Elevation.
Article II Administration.
To insure that the aforementioned flood damage controls are being employed in all new construction, development, substantial improvements and placement or relocation of any structure (Including manufactured homes) within any Floodplain District, the Zoning Officer shall provide the applicant with Information concerning the location of the Floodway, Flood Fringe, and Approximated (or General) Floodplain District boundary relative to his proposed construction and the water surface elevation of the Base Flood at the proposed construction site.
Section 2.1 Plan Requirements.
To insure that all construction and development on property which contains identified floodplain areas will be conducted employing flood damage controls, the Zoning Officer shall require the following additional information to be included as a part of an application for a building permit:
A. A plan which accurately locates the proposed construction and/or development with respect to the floodplain area boundaries, stream channel, existing floodplain development and all proposed subdivision and land development to assure that:
1. All such proposals are consistent with the need to minimize flood damage; and
2. All public utilities and facilities, such as sewer, water, gas, telephone, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazard.
B. Such plan shall also include existing and proposed contours (at intervals determined to be adequate by the Zoning Officer based upon site conditions) and elevations of the grounds, base flood elevations, structure elevation, lowest floor elevation, size of structure, location and elevations of streets, water supply, sanitary sewage facilities, soil types and floodproofing measures. When proposed construction and/or development involves structures and/or fill to be located within the designated floodplain, such plan shall also include details of proposed fill, pile structures, retaining walls, foundations, erosion control measures, and the Zoning Officer may require more detailed contour and elevation data.
C. A document certified by a registered professional engineer or architect that adequate precautions against flood damage have been taken with respect to the design of any building or structure, and that the plans for the development of the site adhere to the restrictions cited in this Ordinance, the municipality's zoning and subdivision and land development regulations, and any other applicable ordinances.
D. Prior to issuance of any building permit, the applicant shall submit to the Zoning Officer copies of all other required State and Federal permits, including but not limited to the following permits when applicable: floodway, wetland, surface mining, water quality, earth disturbance, sewage or state fire marshal. Copies of all required permits shall be maintained by the Zoning Officer as a part of the building permit file.
Section 2.2 Review of Application by Others.
A. The Zoning Officer may require that a copy of all plans and specifications for construction and/or development affecting identified floodplain areas be submitted to other appropriate agencies and/or individuals (e.g. County Conservation District, planning commission, municipal engineer, etc.) for review and comment prior to the issuance of a building permit. When proposed construction and/or development involves structures and/or fill which will be located directly within the designated floodplain, the Zoning Officer shall submit said plans and specifications to the appropriate agencies and/or individuals as indicated above. Recommendations from these sources shall be considered for possible incorporation into the proposed plan and may be made a condition for approval of a Building and Zoning Permit.
B. All other necessary governmental permits such as those required by State and Federal law shall be presented for review upon permit application.
Article III Definitions.
A. Base Flood - The flood, also known as the 100 Year Flood, which has a 1 percent chance of being equaled or exceeded in any given year, the flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared.
B. Base Flood Elevation - The determination by the Federal Insurance Administrator of the water surface elevation of the base flood, that is, the flood level that has a 1 percent or greater chance of occurrence in any given year.
C. Basement - Any area of a building having its floor subgrade on all sides.
D. Construction - The term “construction” shall include the building, reconstruction, extension, expansion, alteration, substantial improvements, erection or relocation of a building or structure, including manufactured homes and gas or liquid storage tanks. For floodplain purposes, “ new construction” includes structures for which the “start of construction” commenced on or after the effective date of the adoption of these floodplain management regulations.
E. Development - Any man-made change to improved or unimproved real estate, including but not limited to buildings, manufactured homes, or other structures, mining, dredging, filling, grading, paving,, excavation, or drilling operations or the storage of equipment or materials.
F. Flood - A general and temporary inundation of normally dry land areas by water from waterway overflows or the unusual and rapid accumulation or runoff of surface waters from any source.
G. Floodplain District - The zoning district that establishes the bounds of the base flood as identified by the Federal Insurance Administrator in the Official Flood Insurance Study so that necessary floodplain management control measures can be instituted in flood prone areas. This district has been divided into three possible subdistricts: the Floodway and Flood Fringe Districts, and/or the Approximated (or General) Floodplain District.
H. Floodproofing - 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.
I. Lowest Floor - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Ordinance.
J. Manufactured Home - A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes 1) all mobile homes and 2) camping trailers, recreational vehicles, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.
K. Manufactured Home Park/Subdivision - A lot or area which is a planned development and designated to contain two or more manufactured homes for rent or for sale. Any lot or area proposed to utilize such design where individual manufactured home sites are proposed for sale shall be known as a manufactured home subdivision.
L. One-hundred (100) Year Flood (Base Flood) - A flood, selected as the base flood, that has a 1 percent chance of being equaled or exceeded in any given year.
M. Recreational Vehicle - A vehicular-type of structure which is 1) built on a single chassis, 2) 400 sq ft. or less when measured at the largest horizontal projection, 3) self-propelled or mounted on or drawn by another vehicle, and 4) primarily designed as temporary living accommodations for recreation, camping or travel or seasonal use and not as a permanent dwelling. The term recreational vehicle includes but it not limited to travel trailers, camping trailers, truck campers and self-propelled motor homes.
N. Structure - A walled or roofed building, including a gas or liquid storage tank (principally above ground), a manufactured home, or any other man-made object usually assembled of interdependent parts or components which is designed to have a more or less fixed location, whether or not permanently attached at that location.
O. Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
P. Substantial Improvement - Any repair, reconstruction, major alteration, or Improvement (not including general maintenance or repair) of a structure, the cost of which equals or exceeds 50 percent of the market value of the structures either, (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this Ordinance, substantial improvement is considered to have occurred when the first alteration of any wall, ceiling, floor, or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either 1) any project for improvement of a structure to correct any existing violation of state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or 2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an “historic structure.”
Article IV Penalty, Appeals and Validity.
The Lebanon County Planning Department is authorized to administer the provisions of this Ordinance providing for the control of damage caused by flood and providing for certain minimum standards in the construction of structures within a flood control area and for the administration of the same and providing penalties for the violation thereof as herein provided, and to enforce the provisions of this Ordinance on behalf of the Lebanon County Commissioners. With the approval of the governing body, the Lebanon County Planning Department may, in addition to other remedies provided herein, institute in the name of Lebanon County any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, or use constituting a violation of this Ordinance.
Section 4.1 Penalties for Noncompliance.
A. Any person, partnership or corporation who or which shall violate the provisions of this Ordinance shall, upon conviction thereof in a summary proceeding be sentenced to pay a fine of not more than $500 and/or such person, the members of such partnership and the officers of such corporation be Imprisoned for not more than 60 days, Each day that a violation Is continued shall constitute a separate offence.
Section 4.2 Appeals.
A. Any applicant aggrieved by any action of the Lebanon County Planning Department or Zoning Officer or other administrator under this Ordinance who refuses to approve a permit application, shall have the right, within 30 days after such refusal received in writing, to appeal to the Court of Common Pleas of Lebanon County.
Section 4.3 Validity.
A. Should any section, subsection, or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part hereof.