Current through Register Vol. 54, No. 36, September 7, 2024
Section 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.The provisions of this §85.26 amended September 18, 2009, effective 9/19/2009, 39 Pa.B. 5415.