Subchapter D. MUNICIPAL BLUFF SETBACK ORDINANCE
AND REGULATIONS
Sec.
85.31. General requirements.
85.32. Time limit for municipal adoption of bluff setback ordinance and regulations.
85.33. Municipal adoption and administration.
85.34. Geographic limit of bluff setback ordinance and regulations.
85.35. Municipal adoption of more restrictive ordinance.
85.36. Procedures for submission of an ordinance and regulations by a municipality.
85.37. Contents of ordinance and regulations submitted by municipality.
Cross References This subchapter cited in 25 Pa. Code § 85.15 (relating to Department notification to the Environmental Quality Board).
§ 85.31. General requirements.
As required by section 6 of the act (32 P. S. § 5206), designated municipalities shall adopt and implement a bluff setback ordinance and regulations. This subchapter outlines the procedures for meeting these requirements.
§ 85.32. Time limit for municipal adoption of bluff setback ordinance and regulations.
Each municipality, following publication of the formal EQB designation of a bluff recession hazard area, shall within 6 months of receiving notification amend or adopt and implement a bluff setback ordinance and regulations which are consistent with § 85.37 (relating to contents of ordinance and regulations submitted by municipality).
Source The provisions of this § 85.32 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (317772).
§ 85.33. Municipal adoption and administration.
Each designated municipality is required to adopt and administer a bluff setback ordinance and regulations in a manner consistent with the provisions of the Pennsylvania Municipalities Planning Code (53 P.S. § § 10101—11202) or other applicable enabling legislation.
§ 85.34. Geographic limit of bluff setback ordinance and regulations.
A municipality may adopt a bluff setback ordinance and regulations for a bluff recession hazard area without adopting an ordinance and regulations governing any other area of the municipality, notwithstanding any provision of the Pennsylvania Municipalities Planning Code (53 P. S. § § 10101—11202) or other applicable enabling legislation.
§ 85.35. Municipal adoption of more restrictive ordinance.
No provision of the act may be construed as in any way limiting the power of any municipality to adopt more restrictive ordinances, codes or regulations governing construction and development in bluff recession hazard areas that are established under Subchapter C (relating to bluff recession hazard areas setback requirements).
Source The provisions of this § 85.35 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (311772).
§ 85.36. Procedures for submission of an ordinance and regulations by a municipality.
A municipality in developing a bluff setback ordinance may use an existing ordinance and regulations, amend an existing ordinance and regulations, or develop a new ordinance and regulations.
(1) When an existing ordinance and regulations are utilized, the municipality shall forward one copy of the proposed ordinance and regulations to the Department along with comments on how the ordinance and regulations meet the requirements of the act and this chapter.
(2) When an existing ordinance and regulations are amended to meet the requirements of the act, the municipality shall forward one copy of the ordinance and regulations and amendments to the Department along with comments on how the proposed amendment of the ordinance and regulations meet the requirements of the act and this chapter.
(3) When the municipality develops a new ordinance and regulations, the municipality shall forward one copy of the ordinance and regulations to the Department along with comments on how the proposed ordinance and regulations meet the requirements of the act and this chapter.
§ 85.37. Contents of ordinance and regulations submitted by municipality.
The ordinance and regulations submitted by a municipality to the Department must include at a minimum the following components:
(1) A setback ordinance and regulations must meet the minimum requirements and contain a minimum setback distance for each class of structure under this chapter.
(2) The municipality must provide a mechanism for permitting all proposed construction, installation, or substantial improvement of structures, or utility facilities such as water, sewage, electric, gas and telephone facilities in designated bluff recession hazard areas. This bluff setback permitting process may be incorporated into any existing permitting process administered by a municipal building code or zoning officer. At the request of the municipality, the Department will provide assistance to the municipality in developing this procedure.
(3) The municipality must provide a procedure, as a part of the ordinance and regulations, that enables monitoring of substantial improvements to structures bisected by or within the bluff setback distance. The procedure must ascertain the market value of the structure prior to the first improvement and document subsequent improvements to the structure to ensure that they do not exceed 50% of the market value for a consecutive 5-year period. At the request of the municipality, the Department will provide assistance to the municipality in developing this procedure.
(4) The municipality must provide a variance to its bluff setback ordinance and regulations only in the following cases:
(i) When a parcel established prior to a bluff recession hazard area designation does not have adequate depth considering the minimum bluff setback requirements to provide for any reasonable use of the land, a variance may be applied for. The variance shall be authorized when the following standards and criteria are met:
(A) The structure and all associated structures and utility facilities shall be located on the property as far landward of the bluff line as allowed by other municipal ordinances.
(B) The structure shall be designed and constructed to be movable. Construction activities must meet the minimum erosion and sediment control practices established by Chapter 102 (relating to erosion and sediment control) and reflect guidance contained in municipal stormwater ordinances or county watershed stormwater management plans. As part of the moving operation, all construction materials, including foundations, shall be removed and disposed of in accordance with the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003) and the regulations promulgated thereto. Access to and from the structure must be of sufficient width and acceptable grade to allow for moving of the structure.
(ii) When a proposed structure or utility facility requires access to the body of water and there is no feasible alternative for obtaining access, a variance may be applied for. The variance will be authorized only when the following standards and criteria are met:
(A) The variance may be granted only for bluff recession control devices designed to reduce bluff recession; water withdrawal lines or discharge lines; power cables; natural gas or oil pipelines; or communication cables; or other public service lines which require access through the bluff recession hazard area to the body of water.
(B) To achieve adequate protection of the bluff, the construction activity must occur in a manner that minimizes potential short-term and long-term disruption of the bluff recession hazard area, must be in conformance with Chapter 102 and reflect guidance contained in municipal stormwater ordinances or county watershed stormwater management plans.
(C) To help ensure that increased turbidity levels on the lake are not caused, all construction activities must comply with the erosion and sedimentation control practices established under Chapter 102.
(D) The area of the construction site shall be reestablished to ensure that subsequent erosion will not damage the structure or harm the environment or adjacent properties.
(5) The municipality must provide a procedure to amend municipal setback ordinances. The Department will, at the request of the affected municipality, provide assistance in incorporating revisions to this chapter into the municipal ordinance and regulations.
(6) The municipality must provide an administrative procedure for maintaining records of all correspondence, applications for permits, and issuance and denial of the permits. The Department will assist if requested. On February 28 of each year, a copy of the records from the preceding calendar year shall be submitted to the Department for its review and permanent record. This procedure must require that necessary records include the name and address of the applicant and the location and description for the following activities:
(i) Construction, installation or engagement in any substantial improvement to structures affected by the minimum bluff setback distance including the information collected as a result of the monitoring procedure established in paragraph (3).
(ii) Improvement projects for an existing structure located within the minimum bluff setback distance.
(iii) Variances granted by the municipality in bluff recession hazard areas.
(7) When an applicant submits an application for a permit for any construction or development activities in areas subject to bluff recession hazards, the municipality shall alert the applicant of the minimum bluff setback prescribed in § 85.26(c) (relating to designated municipalities and minimum bluff setback distances for identified categories of structures).
Authority The provisions of the § 85.37 issued under section 5 of the Bluff Recession and Setback Act (32 P. S. § 5205).
Source The provisions of this § 85.37 amended March 30, 1984, effective March 31, 1984, 14 Pa.B. 1080; amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial pages (266205) to (266206) and (234487).
Cross References This section cited in 25 Pa. Code § 85.22 (relating to methods of determining minimum bluff setback distances); 25 Pa. Code § 85.24 (relating to activities within a bluff recession hazard area); 25 Pa. Code § 85.32 (relating to time limit for municipal adoption of bluff setback ordinance and regulations); 25 Pa. Code § 85.37 (relating to contents of ordinance and regulations submitted by municipality); and 25 Pa. Code § 85.42 (relating to Department review and approval of a municipality setback ordinance and regulations).
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