A.
Alteration or relocation of watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office.
(2)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
In addition, FEMA and Pennsylvania Department of Community and Economic
Development shall be notified prior to any alteration or relocation
of any watercourse.
B.
Technical or scientific data shall be submitted by the Borough of
Middletown to FEMA for a Letter of Map Revision (LOMR) as soon as
practicable but within six months of any new construction, development,
or other activity resulting in changes in the BFE. The situations
when a LOMR or a Conditional Letter of Map Revision (CLOMR) are required
are:
(1)
Any development occurring in Zone A which will cause a rise of more than one foot in the base flood elevation [as determined using methodology in § 158-19C(2)(b)]; or
(2)
Alteration or relocation of a stream (including but not limited to
installing culverts and bridges).
C.
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this chapter and any other applicable
codes, ordinances and regulations.
A.
Within any identified floodplain area, new construction or development
is prohibited with the following exceptions, provided the use does
not require structures other than as indicated or fill other than
as indicated:
(1)
Accessory uses, such as sheds or pavilions. Such uses are limited
to 600 square feet of floor area. The total amount of floor area per
lot for accessory uses is limited to 600 square feet regardless of
the number of such accessory structures.
(2)
Plowing, seeding, harvesting, pasture, plant nurseries, horticulture,
forestry, aquaculture and other normal farming operations.
(3)
Vehicle access uses, including driveways, roads, streets, bridges
and culverts. Impacts to the floodplain are limited to the least amount
needed to construct the use and provide safety and structural integrity.
(4)
Public and private recreational uses, such as parks, camps, picnic
areas, swimming areas, boat launches, wildlife areas and preserves,
hunting and fishing, game farms, trails for hiking, horse riding,
athletic fields and other recreational activities.
(5)
Accessory residential uses, such as yards, gardens and play areas.
(6)
Projects conducted with the objective of improvement, stabilization,
restoration, or enhancement of the stream bank, stream channel, floodplain
or aquatic habitat. Such projects must receive appropriate permits
and approvals from DEP prior to starting the project.
(7)
Utility lines and pipes.
(8)
Similar uses determined to be acceptable by the governing body of
the Borough of Middletown, provided the use does not require structures
other than as indicated above or fill other than the minimal amount
needed for the use.
B.
Preexisting lots or parcels. Where a lot or parcel that has been
legally created and recorded prior to the effective date of this chapter
is located entirely or partially within any identified floodplain
area, the following conditions apply:
(1)
If the lot or parcel is located entirely within any identified floodplain
area, development may be allowed by variance. Such development shall
be in full compliance with all other requirements of this chapter.
(2)
If the lot or parcel is located partially within any identified floodplain
area, development shall be confined to the area outside of the floodplain
area to the maximum extent practical. If the area outside of the floodplain
area is insufficient for the proposed use, development within the
floodplain may be allowed by variance. Such development shall be in
full compliance with all other requirements of this chapter.
A.
Residential structures.
(1)
In AE, A1-30, and AH Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated to or above
the regulatory flood elevation.
(2)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated to or above the regulatory flood elevation in accordance with § 158-19C(2)(b) of this chapter.
(3)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the most recent revisions thereof, and
ASCE 24 and Chapters 401-405 of Title 34 of the Pennsylvania Code,
as amended, shall be utilized.
B.
Nonresidential structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial improvement
of a nonresidential structure shall have the lowest floor (including
basement) elevated to or above the regulatory flood elevation, or
be designed and constructed so that the space enclosed below the regulatory
flood elevation:
(2)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed to or above the regulatory flood elevation in accordance with § 158-19C(2)(b) of this chapter.
(3)
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood Proofing Regulations" published by the
United States Army Corps of Engineers (June 1972, as amended March
1992) or with some other equivalent standard. All plans and specifications
for such floodproofing 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.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the most recent revisions thereof, and
ASCE 24 and Chapters 401-405 of Title 34 of the Pennsylvania Code,
as amended, shall be utilized.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(2)
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)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
D.
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
(1)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
Floor area shall not exceed 600 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on the site so as to cause the least
obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances, such as furnaces,
heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation or
movement and shall be designed to automatically provide for the entry
and exit of floodwater for the purpose of equalizing hydrostatic forces
on the walls. 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)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from all
points;
(2)
Consist of soil or small rock materials only – sanitary landfills
shall not be permitted;
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(4)
Be no steeper than one vertical to two horizontal feet unless substantiated
data justifying steeper slopes are submitted to and approved by the
Zoning Officer;
(5)
Be used to the extent to which it does not adversely affect adjacent
properties; and
(6)
Be limited to only the amount needed for the intended use.
B.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located within any
identified floodplain area, except in strict compliance with all state
and local regulations for such systems. If any such system is permitted,
it shall be located so as to avoid impairment to it, or contamination
from it, during a flood.
D.
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 158-26, Development which may endanger human life, shall be stored 1 1/2 feet above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G.
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar objects
or components located below the regulatory flood elevation shall be
securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without causing structural damage to the building.
(2)
Plywood used at or below the regulatory flood elevation shall be
of a "marine" or "water-resistant" variety.
(3)
Walls and ceilings at or below the regulatory flood elevation shall
be designed and constructed of materials that are "water-resistant"
and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory flood
elevation shall be made of metal or other "water-resistant" material.
J.
Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory flood elevation
shall be of "marine" or "water-resistant" quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be
of a "marine" or "water-resistant" variety.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be finished
with a "marine" or "water-resistant" paint or other finishing material.
L.
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall be located at or above the regulatory flood elevation.
M.
Fuel supply systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform Construction Code coordination. The standards and specifications
contained in Chapters 401-405 of Title 34 of the Pennsylvania Code,
as amended, and not limited to the following provisions, shall apply
to the above and other sections and subsections of this chapter to
the extent that they are more restrictive and/or supplement the requirements
of this chapter.
International Building Code (IBC) 2009, or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
International Residential Building Code (IRC) 2009, or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
A.
In accordance with the Pennsylvania Flood Plain Management Act[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances; or will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or will involve
the production, storage, or use of any amount of radioactive substances,
shall be subject to the provisions of this section in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Within any floodway area, any structure of the kind described in Subsection A, above, shall be prohibited.
C.
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection A, above, shall be:
(1)
Elevated or designed and constructed to remain completely dry up
to at least 1 1/2 feet above base flood elevation;
(2)
Designed to prevent pollution from the structure or activity during
the course of a base flood.
(3)
Any such structure, or part thereof, that will be built below the
regulatory flood elevation shall be designed and constructed in accordance
with the standards for completely dry floodproofing contained in the
publication "Flood Proofing Regulations" (United States. Army Corps
of Engineers, June 1972, as amended March 1992), or with some other
equivalent watertight standard.
All subdivision proposals and development proposals containing
at least five lots or at least two acres, whichever is the lesser,
in flood hazard areas where base flood elevation data are not available
shall be supported by hydrologic and hydraulic engineering analyses
that determine base flood elevations and floodway information. The
analyses shall be prepared by a licensed professional engineer in
a format required by FEMA for a Conditional Letter of Map Revision
or Letter of Map Revision. Submittal requirements and processing fees
shall be the responsibility of the applicant.
A.
Within any FW (floodway area), manufactured homes shall be prohibited.
B.
Within approximate floodplain or special floodplain areas, manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top of bank of any watercourse.
C.
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
D.
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the United States Department of Housing and Urban
Development's Permanent Foundations for Manufactured Housing,
1984 Edition, draft or latest revision thereto, shall apply, and Chapters
401-405 of Title 34 of the Pennsylvania Code.
E.
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and Title 34 of the Pennsylvania Code, as amended, where appropriate
and/or applicable to units where the manufacturers' standards
for anchoring cannot be provided or were not established for the units(s)
proposed for installation.
