Borough of Wilson, PA Technical Provisions

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 first been obtained from the Department of Environmental Protection Regional Office.

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.

In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

When a community proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; or any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or alteration or relocation of a stream (including but not limited to installing culverts and bridges), the applicant shall (as per 44 CFR Part 65.12):

Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.

Upon receipt of the floodplain administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.

Upon completion of the proposed encroachments, a community shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.

§ 110-21 Floodplain requirements for new development.

[Amended 3-26-2001 by Ord. No. 691, approved 3-26-2001; 7-14-2014 by Ord. No. 773, approved 7-14-2014]

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.

§ 110-22 Elevation and floodproofing requirements.

[Amended 7-8-1991 by Ord. No. 627, approved 7-8-1991; 7-14-2014 by Ord. No. 773, approved 7-14-2014]

Within any identified floodplain area, unless a variance is requested and obtained, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Article V, then the following provisions apply:

Residential structures.

In AE, A1-30 and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.

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 up to, or above, the regulatory flood elevation determined in accordance with § 110-17D of this chapter.

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 34 Pa. Code (Chapters 401-405, as amended) shall be utilized, where they are more restrictive.

Nonresidential structures.

In AE, A1-30 and AH Zones, any new construction or substantial improvements of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:

Is floodproofed so that the structure is watertight, with walls substantially impermeable to the passage of water; and

Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

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 up to, or above, the regulatory flood elevation determined in accordance with § 110-17D of this chapter.

Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W-2 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.

The design and construction standards 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 34 Pa. Code (Chapters 401-405, as amended) shall be utilized, where they are more restrictive.

Space below the lowest floor.

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 designated 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.

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 minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter must comply with all chapter requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific chapter requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from chapter requirements will be the minimum necessary to preserve the historic character and design of the structure.

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:

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.

Floor area shall not exceed 200 square feet.

The structure will have a low damage potential.

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, collapse, and lateral 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 minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

§ 110-23 Design and construction standards.

The following minimum standards shall apply for all construction proposed to be undertaken within any identified flood-prone area:

Fill. If fill is used, it shall:

Extend laterally at least 15 feet beyond the line from all points;

Consist of soil or small rock materials only. Sanitary landfills shall not be permitted;

Be compacted to provide the necessary permeability and resistance of erosion, scouring, or settling;

Be no steeper than one vertical to two horizontal unless substantiated data, justifying steeper slopes, are submitted to and approved by the floodplain administrator; and

[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]

(5)

Be used to the extent to which it does not adversely affect adjacent properties.

Drainage facilities. Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall insure proper drainage at all points along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff adjacent properties.

Sanitary sewer facilities and systems.

[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]

Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

No part of any on-site waste disposal 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.

The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities From Flood Damages," and the International Private Sewage Disposal Code shall be utilized.

Water facilities. All new or replacement water facilities shall be designed to minimize infiltration of flood waters into the system and be located and constructed to minimize or eliminate flood damages.

Street. The finished elevation of proposed new streets shall be no more than one foot below the regulatory flood elevation.

Utilities. All other utilities such as gas lines, electrical and telephone systems being placed in the flood-prone areas should be located, elevated (where possible) and constructed to minimize the change of impairment during a flood.

Storage. No materials that are buoyant, flammable, explosive or, in times of flooding could be injurious to human, animal, or plant life, shall be stored below the regulatory flood elevation.

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.

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

All air ducts, large pipes, storage tanks, and other similar objections or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

Floors, walls and ceilings.

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.

Plywood used at or below the regulatory flood elevation shall be of marine or water-resistant variety.

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.

Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

Paints and adhesives.

Paints and other finishes used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.

Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.

All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.

Electrical system and components.

Electric water heaters, furnaces, air-conditioning and ventilating systems, and other electrical equipment or apparatus shall not be located below the regulatory flood elevation.

Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

Plumbing.

Water heaters, furnaces, and other mechanical equipment or apparatus shall not be located below the regulatory flood elevation.

No part of any on-site disposal system shall be located within any identified flood-prone area.

[Amended 3-26-2001 by Ord. No. 691, approved 3-26-2001]

Water supply systems and sanitary sewage systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters.

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 provision shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

Uniform Construction Code coordination. The standards and specifications contained 34 Pa. Code (Chapters 401-405), 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 supplement the requirements of this chapter:

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

International Building Code (IBC) 2009 or the latest edition thereof: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

International Residential Building Code (IRC) 2009 or the latest edition thereof: Secs. R104, R105, R109, R322, Appendix E, and Appendix J.

§ 110-24 Development which may endanger human life.

[Amended 3-26-2001 by Ord. No. 691, approved 3-26-2001; 7-14-2014 by Ord. No. 773, approved 7-14-2014]

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 which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of the premises shall be subject to the provisions of this section, in addition to all other applicable provisions:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

(12)

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulphur and sulphur 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.

Within any floodway area, any structure of the kind described in Subsection A, above, shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection A, above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with §§ 110-20, 110-21, and 110-22.

Nonresidential structures.

Where permitted within any identified floodplain area, any nonresidential structure of the kind described in Subsection A, above, shall be:

Elevated or designated and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood; and

Designed to prevent pollution from the structure or activity during the course of a base flood.

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 1997), or with some other equivalent watertight standard.

§ 110-25 Special requirements for manufactured homes.

[Amended 7-8-1991 by Ord. No. 627, approved 7-8-1991; 3-26-2001 by Ord. No. 691, approved 3-26-2001; 7-14-2014 by Ord. No. 773, approved 7-14-2014]

Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall:

Be placed on a permanent foundation;

Be elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation;

Be anchored to resist flotation, collapse, or lateral movement.

Have all ductwork and utilities, including HVAC/heat pump, elevated to the regulatory flood elevation.

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 "U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing," 1984 Edition, draft or latest revision thereto, and 34 Pa. Code, Chapter 401-405, shall apply.

Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto, and 34 Pa. 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 proposed unit(s) installation.

Within any identified floodway, all manufactured homes and any improvements thereto shall be prohibited.

§ 110-25.1 Special requirements for subdivision and development.

[Added 7-14-2014 by Ord. No. 773, approved 7-14-2014]

All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain 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 and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.

§ 110-26 Activities requiring special permits.

Special hazards.

It has been determined that the following activities and development present a special hazard to the health and safety of the general public or may result in significant pollution, increased flood levels or flows or debris endangering life and property if such activities and developments are located, either entirely or partially, within an identified flood-prone area:

Hospitals (public or private).

Nursing homes (public or private).

Jails or prisons.

New mobile home parks and mobile home subdivisions and substantial improvements thereto.

Because of the special hazards presented by the above list of activities and development, they shall be prohibited from locating within any identified flood-prone area unless a special permit has been issued by the Borough of Wilson and the floodplain administrator.

[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]

Application for a special permit shall consist of at least six copies of the following items, two of which shall be submitted to the Department of Community and Economic Development, Strategic Planning and Operations Office:

[Amended 3-26-2001 by Ord. No. 691, approved 3-26-2001]

A written request which includes the information specified in § 110-7B(1).

A plan of the site, drawn at a scale of one inch being equal to 100 feet or less, showing the following:

North arrow, scale, and date.

A location map showing the vicinity in which the proposed activity or development is to be located within the municipality.

Topography showing existing and proposed contours at intervals of two feet.

All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet.

(e)

The location of all existing streets, drives, and other accessways with information concerning widths, pavement types and construction, and elevations.

(f)

The location of any existing bodies of water or watercourses, buildings, structures, and other public or private facilities, and other natural or man-made features affecting, or affected by, the proposed activity or development.

(g)

The location of the identified flood-prone area boundary line, information and spot elevations concerning the one-hundred-year flood elevations, and information concerning the flow of water, including direction and velocities.

(h)

A general plan of the entire site accurately showing the location of all proposed buildings, structures, and any other improvements.

Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:

Detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate.

The proposed finished floor elevations of any proposed building.

Complete information concerning the hydrostatic and hydrodynamic forces and pressures that will exist during the course of a one-hundred-year flood, including impact loads.

Detailed information concerning any proposed floodproofing measures.

(e)

Cross-section drawings for all proposed streets, drives, and accessways showing all rights-of-way and pavement widths.

(f)

Profile drawings of all proposed streets, drives, and vehicular accessways, including existing and proposed grades.

(g)

Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.

The following data and documentation:

Certification from a registered professional engineer or architect that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood;

The appropriate component of the Department of Environmental Protection's Planning Module for Land Development;

Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control;

Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents;

(e)

A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one-hundred-year flood, including a statement concerning the effects such pollution may have on human life;

(f)

A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on one-hundred-year flood elevations and flows;

(g)

A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-year flood elevation and the effect such materials and debris may have on one-hundred-year flood elevations and flows;

(h)

Any other applicable permits such as but not limited to a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166; and

(i)

An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.

§ 110-27 Application review procedures.

Upon receipt of an application for a special permit by the Borough of Wilson, the following procedures shall apply:

Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Borough Planning Commission and Borough Engineer for review and comment.

If an application is received that is incomplete, the Borough shall notify the applicant, in writing, stating in what respects the application is deficient.

If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development by registered or certified mail within five working days after the date of approval.

[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]

Before issuing the special permit, the Borough shall allow the Department of Community and Economic Development 30 days after receipt of the notification by the Department to review the application and the decision made by the Borough.

[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]

If the Borough does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.

[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]

If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval and the Borough shall not issue the special permit.

[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]

§ 110-28 Special technical requirements.

In addition to the requirements of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those located elsewhere in this chapter or in any other code, ordinance, or regulation, the more restrictive provision shall apply.

No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed, and maintained in a manner which will:

Fully protect the health and safety of the general public and any occupants. At a minimum, all new structures shall be designed, located, and constructed so that:

[1]

The structure will survive inundation by waters of the one-hundred-year flood without any lateral movement or damage to either the structure itself or to any of its equipment or contents below the one-hundred-year flood elevation.

[2]

The lowest floor elevation will be at least 1 1/2 feet above the one-hundred-year flood elevation.

[3]

The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the one-hundred-year flood.