Subchapter C. BLUFF RECESSION HAZARD AREAS SETBACK REQUIREMENTS
Sec.
85.21. General requirements.
85.22. Methods of determining minimum bluff setback distances.
85.23. Modification of minimum bluff setback distances.
85.24. Activities within a bluff recession hazard area.
85.25. Variances granted by the Department.
85.26. Designated municipalities and minimum bluff setback distances for identified categories of structures.§ 85.21. General requirements.
Under section 5 of the act (32 P. S. § 5205), this subchapter provides procedures for calculation of minimum bluff setback distances and the limitations of activities associated within minimum bluff setback distances in designated bluff recession hazard areas.
§ 85.22. Methods of determining minimum bluff setback distances.
(a) The Department will develop minimum bluff setback distances for each municipality tentatively designated as having a bluff recession hazard area by applying the following formula:
Rate of Appropriate Minimum Bluff x Life Span = Bluff Setback Recession of Structure Distance (1) The rate of bluff recession is the average annual rate of recession for all the municipality’s bluffs as calculated by the Department.
(2) The appropriate life span of a structure is 50 years for residential homes, 75 years for commercial structures, and 100 years for light and heavy industrial structures.
(b) The minimum bluff setback distance may not be less than 25 feet. When use of the formula identified in subsection (a) would produce a minimum bluff setback distance of less than 25 feet, the formula does not apply and 25 feet shall be the minimum bluff setback distance.
Source The provisions of this § 85.22 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial pages (234481) to (234482).
Cross References This section cited in 25 Pa. Code § 85.24 (relating to activities within a bluff recession hazard area); and 25 Pa. Code § 85.35 (relating to municipal adoption of more restrictive ordinance).
§ 85.23. Modification of minimum bluff setback distances.
A minimum bluff setback distance for a municipality may be modified upon presentation of formal studies acceptable to the Department documenting annual recession rates at variance with the recession rate data of the Department. Upon Department review and acceptance of the data as accurate and compatible with the objectives of the act, a new minimum bluff setback distance will be calculated. The Department will request that the EQB amend the designation in accordance with this subchapter concerning the minimum bluff setback distances.
Source The provisions of this § 85.23 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (234482).
Cross References This section cited in 25 Pa. Code § 85.35 (relating to municipal adoption of more restrictive ordinance).
§ 85.24. Activities within a bluff recession hazard area.
In any bluff recession hazard area, no person shall construct, install or engage in substantial improvement to any structure or any utility facility such as water, sewage, electric, gas, oil or telephone within the minimum bluff setback distances established under § 85.22 (relating to methods of determining minimum bluff setback distances) except as provided under § 85.25 (relating to variances granted by the Department) or § 85.37(4) (relating to contents of ordinance and regulations submitted by municipality).
Cross References This section cited in 25 Pa. Code § 85.24 (relating to activities within a bluff recession hazard area); and 25 Pa. Code § 85.35 (relating to municipal adoption of more restrictive ordinance).
§ 85.25. Variances granted by the Department.
(a) During the period between EQB designation of a bluff recession hazard area and the approval of the Department of a bluff setback ordinance and regulations of a municipality, the Department may grant variances to the bluff setback requirements for all construction in a designated bluff recession hazard area. A property owner shall file an application with the Department for a variance to allow construction on his property.
(b) When the Department receives the completed application for a variance, it will review the application based on the criteria for a variance under § 85.37(4) (relating to contents of ordinance and regulations submitted by municipality) within 45 days, and send a certified letter to the applicant approving or disapproving the variance. A copy of this letter will be sent to the municipality for its permanent record. If the Department does not take action regarding the application within 45 days of receipt of this application, the application will be deemed approved.
Source The provisions of this § 85.25 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial pages (234482) to (234483).
§ 85.26. Designated municipalities and minimum bluff setback distances for identified categories of structures.
(a) Under § 85.15 (relating to Department notification to the EQB), the municipalities identified in subsection (c) have been designated as possessing a bluff recession hazard area.
(b) The municipalities designated in subsection (c) are required to adopt and implement a bluff setback ordinance and regulations which incorporate the bluff setback distances listed in subsection (c).
(c) Except as provided in subsection (e), regardless of any other provision of law or ordinance to the contrary, the minimum bluff setback distances in the named municipalities that possess a bluff recession hazard area, as designated in § 85.12 (relating to identifiction of bluff recession hazards), must be in accordance with the following table:
Municipality (by geographic location) Residential Commercial Light and Heavy Industrial Springfield Township Erie County 100' 150' 200' Girard Township Erie County 60' 90' 120' Lake City Borough Erie County 60' 90' 120' Fairview Township Erie County 50' 75' 100' Millcreek Township Erie County 50' 75' 100' Erie City Erie County 25' 25' 25' Lawrence Park Township Erie County 50' 75' 100' Harborcreek Township Erie County 50' 75' 100' North East Township Erie County 50' 75' 100' (d) The setback distances listed in subsection (c) are minimum distances. The actual distance of the area subject to bluff recession may be greater in certain areas. Nothing in this chapter shall be construed to guarantee that bluff recession will not occur beyond the specified setback distances during the usable life span of a structure originally installed or constructed in accordance with the setback requirements at the time of installation or construction. Because of variations in the bluff recession rates, municipalities may adopt more restrictive ordinances in accordance with § 85.35 (relating to municipal adoption of more restrictive ordinances).
(e) If the setback distance for the placement of structures regulated under another law or ordinance, such as the Uniform Construction Code or zoning regulation, is greater than that specified in subsection (c), the greater setback distance shall apply within the bluff recession hazard area.
Source The provisions of this § 85.26 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (317771).
Notes of Decisions Environmental Quality Board Regulations
The Bluff Recession and Setback Act and regulations promulgated by the Environmental Quality Board contain substantive provisions governing bluff setbacks and variances from those setbacks; therefore, variances contained in the Municipalities Planning Code were not applicable to amusement park’s request for variance from setback requirements of township’s bluff setback ordinance. Candela v. Millcreek Township Zoning Hearing Board, 887 A.2d 335, 340 (Pa. Cmwlth. 2005).
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