§ 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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