A.
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 Resources, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Emergency Management Agency
and Pennsylvania Department of Community Affairs, Bureau of Community
Planning, shall be notified prior to any alteration or relocation
of any watercourse.
B.
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.
With any FW (Floodway Area), the following provisions apply:
(1)
Any new construction, development, use, activity or encroachment
that would cause any increase in flood heights shall be prohibited.
(2)
No new construction or development shall be allowed unless a permit
is obtained from the Department of Environmental Resources, Bureau
of Dams, Waterways and Wetlands.
B.
Within any FA (General Floodplain Area), the following provisions
apply:
(1)
No new construction or development shall be located within the area
measured 50 feet landward from the top of bank of any watercourse
unless a permit is obtained from the Department of Environmental Resources,
Bureau of Dams, Waterways and Wetlands.
(2)
No new construction or development shall be located within the area
measured 50 feet landward from the top of bank of any watercourse.
A.
Residential structures. Within any identified floodplain area, any
new construction or substantial improvement of a residential structure
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
B.
Nonresidential structures.
(1)
Within any identified floodplain area, 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
by such structure shall remain either completely or essentially dry
during any flood up to that height.
(2)
Any nonresidential structure or part thereof having a lowest floor
which is not elevated to at least 1 1/2 feet above the one-hundred-year-flood
elevation shall be floodproofed in a completely or essentially dry
manner 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.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(2)
Partially enclosed space below the lowest floor (including basement)
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 "partially 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)
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 at least 1 1/2 feet
above the one-hundred-year-flood elevation.
(6)
Permanently affixed utility equipment and appliances such as furnaces,
heaters, washer, 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 thee entry
and exit of floodwaters 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 shall
be provided.
(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 is submitted to and approved by the
Borough Code Official.
(5)
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 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 or explosive or,
in times of flooding, could be injurious to human, animal or plant
life and not listed in § 61-26, Development which may endanger
human life, shall be stored at or 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 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.
A.
In accordance with the Pennsylvania Flood Plain Management Act[1] and the regulations adopted by the Department of Community
Affairs 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 FW (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 the one-hundred-year flood; and
(2)
Designed to prevent pollution from the structure or activity during
the course of a one-hundred-year 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
1992) or with some other equivalent watertight standard.
In accordance with the administrative regulations promulgated
by the Department of Community Affairs to implement the Pennsylvania
Flood Plain Management Act,[1] the following activities shall be prohibited within any
identified floodplain area unless a special permit has been issued
by the Borough of Lehighton.
B.
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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 63-30 shall apply.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
A.
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the one-hundred-year flood.
B.
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure to an extent or amount of 50% or more
of its market value shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this chapter.
C.
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure to an extent or amount of less than
50% of its market value shall be elevated and/or floodproofed to the
greatest extent possible.