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 first been 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 the Pennsylvania Department of Community and
Economic Development shall be notified prior to any alteration or
relocation of any watercourse.
B.
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):
(1)
Apply to FEMA for conditional approval of such action prior to permitting
the encroachments to occur.
(2)
Upon receipt of the 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.
(3)
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.
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.
In the Flood Hazard District, the following uses and activities
are permitted in the AE Area/District outside of the floodway or A
Area/District areas provided they are in compliance with the provisions
of the underlying district and are not prohibited by any other ordinance:
B.
Public and private recreational uses and activities, limited to parks,
day camps, picnic grounds, boat launching and swimming areas, hiking
and horseback riding trails, wildlife and nature preserves, game farms,
fish hatcheries, and hunting and fishing areas.
C.
Uses accessory to those permitted in the underlying zoning district,
including yard areas, gardens, play areas and parking areas, provided
that no structures are erected, and no impervious surfaces are created.
D.
E.
The repair or expansion of riparian buffers.
F.
Floodproofing of nonresidential structures to protect only lawfully
existing nonconforming structures and lawfully existing nonconforming
uses within structures.
G.
Fences and temporary protective fencing that do not impede floodwaters.
H.
Dams, culverts, bridges and altered or relocated watercourses with
permits and/or approvals from the PA Department of Environmental Protection,
PA Public Utility Commission, and/or U.S. Army Corps of Engineers.
Furthermore, notification of such actions shall be provided to all
affected adjoining municipalities, FEMA and the Pennsylvania DCED.
The approval of a permit by any of the preceding state or federal
agencies for one of the uses allowed in the Flood Hazard District
shall in no way affect or conflict with the requirements imposed upon
the use under the regulations of the Flood Hazard District.
I.
Public utility facilities under the exclusive jurisdiction of the
Pennsylvania Public Utility Commission.
J.
Lower Saucon Township or Lower Saucon Township Authority uses, facilities,
or structures deemed necessary by Lower Saucon Township to be located
within the Flood Hazard District.
K.
Sewage facilities necessary to abate existing public nuisances or
malfunctions only when elevated to flood protection elevation (FPE)
and deemed by Lower Saucon Township Council to be the only reasonable
means of correction a public health hazard.
Within any identified floodplain area any new construction or
substantial improvements except permitted uses listed above shall
be prohibited. In addition the following uses are strictly prohibited:
A.
All uses prohibited in the underlying zoning district.
B.
New construction, development or redevelopment in the floodway area.
D.
The production, storage or use of any amount of radioactive substances.
E.
The production, storage or use of a substance or material, underground
or aboveground, that is buoyant, flammable, explosive, or injurious
to property, water quality or human, animal, plant, fish or aquatic
life including but not limited to the following:
(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)
Mercury.
(12)
Nitric acid and oxides of nitrogen.
(13)
Petroleum products (gasoline, fuel oil, etc.).
(14)
Phosphorus.
(15)
Polychlorinated biphenyls (PCBs).
(16)
Potassium.
(17)
Sodium.
(18)
Sulfur and sulfur products.
(19)
Pesticides (including insecticides, fungicides and rodenticides).
(20)
Radioactive substances, insofar as such substances are not otherwise
regulated.
F.
The production, storage or use of explosives.
G.
The storage or disposal of materials used for snow and ice control
including sand, salt and other deicing chemicals.
H.
Sanitary landfills, dumps, junk- and salvage yards, and outdoor storage
of vehicles and/or materials.
I.
The storage or disposal of any soil, loam, peat, sand, gravel, rock
or other mineral substance, refuse, trash, rubbish, debris or dredged/excavated
spoil.
J.
Draining, excavation, or dredging, or removal or relocation of loam,
peat, sand, gravel, soil, rock, or other mineral substance, except
as accessory to work permitted as of right or by special permit.
K.
Manure storage facilities and manure stockpiles.
L.
The commencement of, or any construction of, a new manufactured home
park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
M.
Hospitals.
N.
Nursing homes.
O.
Jails or prisons.
Within any identified floodplain area 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 VIII, then the following provisions apply:
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 up 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 up to, or above, the regulatory flood elevation determined in accordance with § 90-20C of this chapter.
(3)
In AO Zones, any new construction or substantial improvement shall
have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(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 34 Pa. Code (Chapters 401 through 405 as amended) shall be
utilized, where they are more restrictive.
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 up 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 up to, or above, the regulatory flood elevation determined in accordance with § 90-20C of this chapter.
(3)
In AO Zones, any new construction or substantial improvement shall
have its lowest floor elevated or completely floodproofed above the
highest adjacent grade to at least as high as the depth number specified
on the FIRM.
(4)
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
U.S. 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.
(5)
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 through 405 as amended) shall be
utilized, where they are more restrictive.
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, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
D.
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 an 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 this chapter's requirements will be the minimum necessary
to preserve the historic character and design of the structure.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A.
Fill.
(1)
Within any identified floodplain area the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(d)
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by, the Floodplain Administrator; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
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 ensure 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 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.
(4)
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.
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 § 90-26, Prohibited uses and development, shall be stored at or above the regulatory flood elevation 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.) used at or below
the regulatory flood elevation 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 not be located below 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 34 Pa. Code (Chapters 401 through 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.
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.
Within any identified floodplain area manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply:
A.
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
(1)
Placed on a permanent foundation;
(2)
Elevated so that the lowest floor of the manufactured home is at
least 1.5 feet above base flood elevation;
(3)
Anchored to resist flotation, collapse, or lateral movement; and
(4)
Have all ductwork and utilities including HVAC/heat pump elevated
to the regulatory flood elevation.
B.
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 Chapters 401 through 405
shall apply.
C.
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 floodplain area recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply:
