ORDINANCE NO.   23

AN ORDINANCE AMENDING ORDINANCE NO. 14 OF THE TOWNSHIP OF PINE AS ENACTED AUGUST 1, 1983, AND AS AMENDED BY ORDINANCE NO. 17 AS ENACTED DECEMBER 3, 1984, PROVIDING FOR RESTRICTIONS ON THE ELEVATION OF STRUCTURES WITHIN ANY FLOODWAY AREA AND PROVIDING SPECIAL REQUIREMENTS FOR MANUFACTURED HOMES.

BE IT ORDAINED AND ENACTED by the Board of Supervisors for the Township of Pine, County of Indiana and Commonwealth of Pennsylvania, and it is hereby ordained and enacted as follows:
1.Section 3.01 of Article III of Ordinance No. 14 of the Township of Pine as enacted August 1, 1983, and as amended by
Ordinance No. 17 as enacted December 3, 1984, is hereby amended in its entirety to read as follows: Section 3.01-Determination of One Hundred Year Flood Elevation. For the purposes of this Ordinance, the one hundred (100) year flood elevation shall be used as the basis for regulation. When available, information from other federal, state and other acceptable sources shall be used to determine the one hundred (100) year elevation, as well as a floodway area, if possible. When no other information is available, the one hundred (100) year flood elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question. In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques.  Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts.  Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.

2.Subsection D of Section 4.00 of Article IV of Ordinance No. 14 of the Township of Pine as enacted August 1, 1983, and as
amended by Ordinance No. 17 as enacted December 3, 1984, is hereby amended to add thereto the following:
Any non-residential structure, or part thereof, having a lowest floor which is not elevated to at least one and one-half (1-1/2) feet above the one hundred (100) year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the Wl or W2 space classification standards contained in the publication entitled "Flood-proofing Regulations" published by the U.S. Army Corps of Engineers (June, 1972), or with some other equivalent standard.  All plans and specifications for such flood-proofing 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.

3.Section 4.00 of Article IV of Ordinance No. 14 of the Township of Pine as enacted August 1, 1983, and as amended by
Ordinance No. 17 as enacted December 3, 1984, is hereby amended to add thereto Subsection E., said subsection to read as follows:
E.  Within any floodway area, no new construction or development shall be permitted that would cause any increase in the one hundred (100) year flood elevation.

4.Section 4.03 of Article IV of Ordinance No. 14 of the Township of Pine as enacted August 1, 1983, and as amended by
Ordinance No. 17 as enacted December 3, 1984, is hereby amended in its entirety to read as follows:
Section 4.03 - Special Requirements for Manufactured Homes.
A.  Where permitted within any identified flood-plain area, all manufactured homes and additions thereto shall be:
1.Placed on a permanent foundation,
2.Elevated so that the lowest floor of the manufactured home is one and one-half (1-1/2) feet or more above the elevation of                          the one hundred (100) year flood, and
3.Anchored to resist flotation, collapse or lateral movement.

5.Section 7.01 of Article VII of Ordinance No. 14 of the Township of Pine as enacted August 1, 1983, and as amended by
Ordinance No. 17 as enacted December 3, 1984, is hereby amended to add thereto a subsection 7 as follows:
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one hundred (100) year flood elevation.

6.Subsections I and J of Section 8.01 of Article VIII of Ordinance No. 14 of the Township of Pine as enacted August 1, 1983, and as amended by Ordinance No. 17 as enacted December 3, 1984, are hereby amended in their entirety to read as follows: I.  Manufactured Home - A structure, transportable in one or more sections, which is built on a permanent chasis and is designed for use with or without a permanent foundation when connected to the required utilities.  The term includes park trailers, travel trailers, recreational, and other similar vehicles placed on a site for more than one hundred eighty consecutive days. J.  Manufactured Home Park - a parcel (or contiguous parcels) of land which has been planned and improved for the placement of two or more manufactured homes.

7.Ordinance No. 14 of the Township of Pine as enacted August 1, 1983, and as amended by Ordinance No. 17 as enacted December 3, 1984, is hereby amended to replace the term "mobile home" with the term "manufactured home" throughout the entire text of said Ordinance, as amended, and to replace the terms "mobile home park" and "mobile home subdivision" with the terms "manufactured home park" and "manufactured home subdivision", respectively, throughout the entire text of said Ordinance, as amended.

8.Subsection B of Section 4.01 of Article IV of Ordinance No. 14 of the Township of Pine as enacted August 1, 1983, and as
amended by Ordinance No. 17 as enacted December 3, 1984, is hereby amended as follows: (a). The following language shall be added to Section 4.00 of Ordinance No. 14 as Subsection F. F.  Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the en-try and exit of floodwaters.  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 minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.  The bottom of all openings shall be no higher than one foot above grade.  Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 
(b) The following shall be added as Subsections Q and R to Section 8.01 of Ordinance No. 14: Q.  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 or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. R.  Basement - any area of the building having its floor sub-grade (below ground level) on all sides. c.Subsection B shall be added to Section 6.00 of Ordinance No. 14:
B.  No expansion or enlargement of existing structures shall be allowed within any floodway area that would cause any increase in the elevation of the 100 year flood. d.The reference in Section 2.02 B. to 2.02 C. shall be deleted. e.The reference in Section 7.01 to Section 2.11 shall be amended to read Section 2.10.

9.  In all other respects, Ordinance No. 14 of the Township of Pine as enacted August 1, 1983, and as amended by Ordinance No. 17 as enacted December 3, 1984, shall remain as heretofore.






David L. Beatty
Robert M. Ratay
William A. Benko

Attest: Kathryn Malenich