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CHAPTER 7 – FLOODPLAIN

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Chapter 7: Floodplain Management Ordinance Summary

This ordinance, adopted by the Borough of Ebensburg in Cambria County, Pennsylvania, establishes regulations for managing floodplains to protect public health, safety, and welfare. It was enacted under the authority of the Pennsylvania Flood Plain Management Act of 1978.

Administration and Permits

  • Floodplain Administrator: The Building Permit Officer is appointed to administer and enforce the ordinance.
  • Permit Requirement: A permit is required for any construction or development within the Borough, except for minor repairs to existing buildings.
  • Application Process: Applicants must submit a written application with detailed plans, including site location, contractor information, and engineering data.
  • Fees: Applications must be accompanied by a fee based on the estimated cost of construction.
  • Construction Timeline: Work must begin within 180 days of permit issuance and be completed within 12 months, unless a time extension is granted.

Technical Provisions and Construction Standards

The ordinance sets strict standards for new construction and substantial improvements in identified floodplain areas:

  • Elevation: The lowest floor (including basement) of new structures must be elevated to or above the Base Flood Elevation (BFE). For certain high-hazard areas, it must be at least 1. 5 feet above the BFE.
  • Materials: Materials used below the regulatory flood elevation must be water-resistant (e. g. , marine-grade plywood, metal windows/doors).
  • Utilities: Electrical panels must be at least 3 feet above the BFE. Water heaters, furnaces, and other mechanical equipment must not be located below the regulatory flood elevation.
  • Anchoring: All structures and components (like air ducts and storage tanks) must be firmly anchored to prevent flotation, collapse, or lateral movement.
  • Fill and Drainage: Fill material must extend at least 15 feet beyond the building line. Storm drainage systems must be designed to convey runoff safely and prevent discharge onto adjacent properties.

Special Permits

A Special Permit is required for activities that pose a higher risk, including:

  • Construction of hospitals, nursing homes, jails, or prisons.
  • New manufactured home parks or subdivisions.
  • Any development involving the production or storage of dangerous materials (e. g. , gasoline, chlorine, ammonia) in quantities over 550 gallons.
  • Development that may endanger human life.

Variances

The Borough Council may grant a variance from the ordinance's requirements if strict compliance would cause an "exceptional hardship" to a property owner. Variances are not granted if they would:

  • Increase the Base Flood Elevation.
  • Result in an unacceptable increase in flood heights or threats to public safety.

Definitions and Key Dates

  • Base Flood: A flood with a 1% annual chance of being equaled or exceeded (also known as the "100-year flood").
  • Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement where the cost equals or exceeds 50% of the structure's market value before the work began.
  • New Construction: Structures for which the start of construction commenced on or after February 1, 2010.
  • Effective Date: This ordinance was adopted on May 21, 2012 (Ord. 598).
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