BOROUGH OF CALIFORNIA WASHINGTON COUNTY, PENNSYLVANIA ORDINANCE NO. 524

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1 BOROUGH OF CALIFORNIA WASHINGTON COUNTY, PENNSYLVANIA ORDINANCE NO. 524 AN ORDINANCE OF THE BOROUGH OF CALIFORNIA, WASHINGTON COUNTY, PENNSYLVANIA AMENDING ORDINANCE NO. 426 PERTAINING TO FLOODPLAIN MANAGEMENT AND REQUIRING ALL PERSONS, PARTNERSHIPS, BUSINESSES, AND CORPORATIONS TO OBTAIN A BUILDING PERMIT FOR ANY CONSTRUCTION WORK OR DEVELOPMENT AS DEFINED IN THE ORDINANCE; PROVIDING FOR THE ISSUANCE OF SUCH BUILDING PERMITS AND SPECIAL PERMITS; ESTABLISHING FEES TO ACCOMPANY APPLICATIONS; SETTING FORTH CERTAIN MINIMUM REQUIREMENTS, TECHNICAL PROVISIONS AND STANDARDS FOR CONSTRUCTION, DEVELOPMENT, IMPROVEMENTS, ENCROACHMENTS, ALTERATIONS, USES AND ACTIVITIES WITHIN AREAS OF THE BOROUGH OF CALIFORNIA WHICH ARE SUBJECT TO FLOODING; ESTABLISHING PENALTIES FOR ANY PERSONS (AS DEFINED IN THE ORDINANCE) WHO FAIL, OR REFUSE TO COMPLY WITH THE REQUIREMENTS OR PROVISIONS OF THIS ORDINANCE, ESTABLISHING A PROCEDURE FOR APPEAL FROM DECISIONS UNDER THE ORDINANCE; IDENTIFYING AND DESCRIBING FLOODPLAIN AREAS AND AUTHORIZING CHANGES THERETO BY BOROUGH COUNCIL; AUTHORIZING VARIANCES AND ESTABLISHING CONDITIONS AND PROCEDURES THEREFOR; PROVIDING DEFINITIONS FOR TERMS USED IN THE ORDINANCE; AND INCLUDING A WARNING AND DISCLAIMER OF LIABILITY. WHEREAS, Ordinance No. 426 was adopted on December 14, 1995; and WHEREAS, because of regulations adopted by the Federal Emergency Management Agency ("FEMA"), the Borough has been advised that it must amend Ordinance No. 426; and WHEREAS, the Borough is hereby amending Ordinance No. 426 to conform it to those FEMA regulations. NOW, THEREFORE, BE IT ORDAINED AND ENACTED and it is hereby ordained and enacted by the Council of the Borough of California, Washington County, Pennsylvania, that Ordinance No. 426 of the Borough of California is hereby amended as follows: I. The following preamble is added to Ordinance No. 426: The legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Floodplain Management Act of 1978, delegated the responsibility to local government units to adopt floodplain management regulations to promote public health, safety and the general welfare of its citizens. Therefore, the Council of the Borough of California has enacted this amendment of Ordinance No. 426 II. References The following references in Ordinance No. 426 are hereby amended: A. Any reference to the Federal Insurance Administration is amended to refer to the Federal Emergency Management Agency (FEMA). B. Any reference to the Department of Environmental Resources is amended to refer to the

2 Department of Environmental Protection (DEP). III. C. Any reference to the Pennsylvania Department of Community Affairs is changed to the Pennsylvania Department of Community and Economic Development (DCED). D. Any reference to the National Geodetic Vertical Datum of 1929 is changed to the North America Vertical Datum of Amendment of Article II of Ordinance No The following preamble is hereby added to Article II of Ordinance No. 426: The Borough Code Enforcement Officer is hereby appointed to administer and enforce this Ordinance and is sometimes referred to herein as the Floodplain Administrator. Borough Council shall have the right from time to time to designate another employee or agent of the Borough to act as the Floodplain Administrator, and may do so by resolution. IV. Amendment of Section 2.01 of Ordinance No Section 2.01 C is amended in its entirety to read as follows: 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 flood carrying capacity of the watercourse in any way, and until all adjacent municipalities which may be affected by such action have been notified by the Borough of California, and all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Borough prior to any alteration or relocation of any watercourse. 2. The following subparagraphs are added to Section 2.01 of Ordinance No. 426: D. During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary. E. In discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Ordinance. F. In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable law or ordinance, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such facts to Borough Council for whatever action it considers necessary.

3 G. V. The Floodplain Administrator shall maintain all records associated with the requirements of this Ordinance, including, but not limited to, permitting, inspections and enforcements. Amendment of Section Section 3.00 is hereby amended in its entirety to read as follows: Section Identification The identified floodplain area shall be any area of the Borough of California classified as a Special Flood Hazard Area (SFHA) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 6, 1995 and issued by FEMA or the most recent revision thereof, including all digital datum developed as part of the FIS. The above referenced FIS and FIRMs and any subsequent revision and amendment thereof are hereby adopted by the Borough of California and declared to be part of this Ordinance. VI. Amendment of Section Section 3.02 is hereby amended in its entirety to read as follows: Section Changes in Identification of Area The identified floodplain area may be revised or modified by Borough Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from FEMA. Additionally, as soon as practical, but not later than six months after the date such information becomes available, the Borough shall notify FEMA of the changes by submitting technical or scientific data. VII. Amendment of Article IV - Technical Provisions The following sections are added to Article IV: Section Special Requirements for Subdivision. All subdivision proposals and development proposals containing at least fifty (50) lots or at least five (5) acres, whichever is the lesser, in flood hazard areas where base flood elevation data is not available, shall be supported by hydrologic and hydraulic engineering analysis that determines base flood elevations and floodway information. The analysis shall be prepared by a licensed professional engineer in a format required by FEMA or a Conditional Letter of Maps Revision or Letter of Maps Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. Section Special Requirements for Recreational Vehicle. Recreational vehicles in zones A. 1-30, AH and AE must either be on the sites for fewer than 180 consecutive days, be fully licensed and ready for highway use, or meet the permit requirements for manufactured homes. Section 4.08

4 In Special Floodplain Areas without a designated floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the BFE by more than one (1) foot. VIII. Amendment of Section Section 8.01 is amended to add the following definitions: 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"). Base flood elevation (BFE) - the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-3 0 that indicates the water surface elevation resulting from a flood that has a 1 -percent or greater chance of being equaled or exceeded in any given year. Flood Insurance Rate Map (FIRM) -the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the Borough. Flood Insurance Study (FIS) - the official report provided by FEMA that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. Start of construction - includes substantial improvement and other proposed new development and means the date the Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the Permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of the slab or footings, the installation of pipes, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/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 of construction means the first alteration of any wall, ceiling, floor, or other structure part of a building, whether or not that alteration affects the external dimensions of the building. Violation - means the failure of a structure or other development to be fully compliant with the Borough's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. IX. Effect of Amendment Excepted as amended hereby, Ordinance No. 426 remains in full force and effect.

5 APPROVED on this _day of January, BOROUGH OF CALIFORNIA BY: 'President of Council ATTEST: Borou/m Secretary EXAMINED AND APPROVED by me this f3^ day of January, BOROUGji^DF CALIFORNIA 'XBorou^SecreJaly ' ^N,