[Adopted 4-25-1994 by Ord. No. 535; amended in its entirety 5-24-2004 by Ord. No. 653 (Ch. VII, Art. 1, of the 1976 Ordinance Book)]
In order to prevent excessive damage to buildings and structures due to flooding conditions, the following provisions shall apply to all proposed construction or development occurring in any of the floodplain districts designated in Chapter 275, Zoning, as amended, and as delineated in the Flood Insurance Study (FIS) dated September 30, 1993, and Flood Insurance Rate Map (FIRM) prepared for the Township of Middletown by the National Flood Insurance Program, Federal Insurance Administration, including any future amendments or supplements thereto. Said study and maps are available for reference in the Middletown Township offices.
A. 
Residential structures. Within any designated F-1, F-2 or F-3 Floodplain District, the lowest floor (including basement) of any new or improved residential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation. An elevation certificate shall be submitted, sealed by a licensed professional engineer, which identifies the elevation of the lowest floor of such structure.
B. 
Nonresidential structures. Within any designated F-1, F-2 or F-3 Floodplain, the lowest floor (including basement) shall be at least 1 1/2 feet above the one-hundred-year 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. Any structure, or part thereof, which will not be completely or adequately elevated, shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1971) or some other equivalent standard for that type of construction. A floodproofing certificate shall be submitted, sealed by a licensed professional engineer, which verifies that the structure is floodproofed in accordance with accepted standard practices.
C. 
New construction and substantial improvement to existing buildings and structures that fully enclose areas below the lowest floor that are used solely for parking of vehicles, building access or storage in an area other than a basement, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect to meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
D. 
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 material only; sanitary landfill 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, unless substantiated data justifying steeper slope is submitted to and approved by the Code Official.
(5) 
Be used to the extent to which it does not adversely affect adjacent properties.
E. 
Placement of buildings and structures. All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water. In so doing, consideration shall be given to their effect upon the flow and height of floodwaters.
F. 
Anchoring. All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or other movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse. All air ducts, large pipes and storage tanks located at or below the regulatory flood elevation shall be firmly anchored in accordance with accepted engineering practices to prevent flotation.
G. 
Floor, walls and ceilings. Where located at or below the regulatory flood elevation:
(1) 
Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
(2) 
Plywood shall be of an exterior or marine grade and of a water-resistant or waterproof variety.
(3) 
Walls and ceilings in nonresidential structures shall have sufficient wet strength and be so installed as to survive inundation.
(4) 
Window frames, door frames, door jambs and other components shall be made of metal or other water-resistant material.
H. 
Electrical systems.
(1) 
All electric water heaters, electric furnaces, electric air-conditioning and ventilating systems and other electrical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.
(2) 
No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the one-hundred-year flood elevation.
(3) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
I. 
Plumbing systems.
(1) 
Water heaters, furnaces and other mechanical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.
(2) 
No part of any on-site sewage disposal system shall be constructed within any designated floodplain district.
(3) 
Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(4) 
All gas and oil supply systems shall be designed to preclude the infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
J. 
Paints and adhesives. Where located at or below the regulatory flood elevation:
(1) 
Adhesives shall have a bonding strength that is unaffected by inundation (i.e., marine or water-resistant quality).
(2) 
All wooden components (doors, trim, cabinets, etc.) shall be sealed with a marine or water-resistant quality sealant or similar product.
(3) 
Paints or other finishes shall be capable of surviving inundation (i.e., marine or water-resistant quality).
K. 
Storage. No materials that are buoyant, flammable, explosive or, in time of flooding, could be injurious to human, animal or plant life shall be stored below the regulatory flood elevation.
L. 
Streets and utilities. Streets, drainage, sanitary sewer facilities, water supply facilities and other facilities shall be placed or constructed in accordance with the requirements of Chapter 210, Subdivision and Land Development, Article VIII, pertaining to streets and utilities within the floodplain districts.
M. 
Existing structures in designated floodplain districts. Structures existing in any designated floodplain district prior to the enactment of this article which are not in compliance with these provisions may continue to remain, but shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
(1) 
Any modification, alteration, reconstruction or improvement of any kind to an existing structure in a designated floodplain district to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed in conformance with this article as well as Article XXIX of Chapter 275, Zoning.
(2) 
Any modification, alteration, reconstruction or improvement of any kind to an existing structure in a designated floodplain district, to an extent or amount of 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this article.
N. 
Variances in floodplain districts.
(1) 
If compliance with the elevation or floodproofing requirements stated above would result in an exceptional hardship for a prospective builder, developer or landowner, the Township Council may, upon appeal, grant relief from the strict application of the requirement in accordance with Section 105, Appeals, of this article.[1] Such relief may be granted in accordance with the following procedures and criteria:
(a) 
No variance shall be granted for any construction, development, use or activity within any floodplain area that would cause any increase in the one-hundred-year elevation.
(b) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(c) 
In granting any variance, the Township Council may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare and to achieve the objectives of this article.
(d) 
Whenever a variance is granted, the Township Council shall notify the applicant, in writing, that the granting of the variance may result in increased premium rates for flood insurance and that such variance may increase risks to life and property.
(e) 
In reviewing an appeal for a variance, the Township Council shall consider, but not be limited to, the following:
[1] 
That there is good and sufficient cause.
[2] 
That failure to grant the variance would result in exceptional hardship to the applicant.
[3] 
That the granting of the variance will not result in any unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with any other applicable local or state ordinance or regulation.
(f) 
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
[1]
Editor's Note: Said Section 105 was repealed 5-24-2004 by Ord. No. 653.
(2) 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamics loads and pressures and effects of buoyancy of the one-hundred-year flood.
O. 
Other permit issuance requirements. Prior to the issuance of any building permits, the Township Engineer shall review the application for permit to determine if all other necessary governmental permits such as those required by state and federal laws have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act, the Pennsylvania Water Obstructions Act of 1913,[2] and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334. No permit shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq. for the Pennsylvania Sewage Facilities Act. The Pennsylvania Water Obstructions Act of 1913 was repealed by Act No. 70 of 1978. See now 32 P.S. § 693.1 et seq.
P. 
Start of construction. For purposes of implementation of these provisions, construction shall be considered to have started with the first placement of permanent construction on the site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation or the affixing of any prefabricated structures or mobile home to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling, excavation for basement, footings, piers or foundations, erection of temporary forms, the installation of sewer, gas and water pipes or electric or other service lines from the street.
Q. 
Supplemental definitions for designated floodplain district provisions. The following are special definitions which shall be used in making reasonable interpretations of the provisions contained in this article:
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
DESIGNATED FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in Chapter 275, Zoning. Included would be areas identified as Floodway (F1), One-Hundred-Year Floodplain (F2), Five-Hundred-Year Floodplain (F3) and Soils Subject to Flooding Subdistrict (F4).
DESIGNATED FLOODWAY DISTRICT OR AREA
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the one-hundred-year magnitude as specifically defined in Chapter 275, Zoning.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations and the subdivision of land.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents.
OBSTRUCTIONS
Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain district, which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of water might carry the same downstream to the damage of life and property.
ONE-HUNDRED-YEAR FLOOD
A flood that on the average, is likely to occur once every 100 years; a flood having a 1% chance of being equaled or exceeded in a given year.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
R. 
Supplementary administrative provisions for activities in designated floodplain districts.
(1) 
Plan requirements. In addition to the permit application requirements normally required under the Township Building Code, as amended, the Township Code Official shall require the following specific information to be included as part of the application for a building permit:
(a) 
A plan which details the existing and proposed contours and elevations (in relation to the National Geodetic Vertical Datum of 1929) of the ground and the lowest floor of proposed construction, one-hundred-year flood elevations and other associated factors, such as pressures and impact forces, etc., storage elevations, size of the structure, location and elevation of streets, water supply, sanitary facilities, soil types and floodproofing measures, including specific reference to the level of the floodproofing in relation to the one-hundred-year flood.
(b) 
A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the flood depths, pressures, velocities, impact and uplift forces and other hydrostatic and hydrodynamics and buoyancy factors associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure.
(2) 
Review by county conservation district. A copy of all applications and plans for construction or development in any designated floodplain district to be considered for approval shall be submitted by the Township Code Official to the County Conservation District for review prior to issuance of a building permit. The recommendation of the Conservation District shall be considered by the Township Code Official for possible incorporation into the proposed plan.
Where required, fire suppression systems shall be installed and maintained in full operating condition, as specified in the Building Code, in the following locations:
A. 
Use Group A (assembly) occupancies.
(1) 
Use Group A-1 (theaters): in buildings or structures and all portions thereof of Use Group A-1, no exceptions.
(2) 
Use Group A-2 (nightclubs, discos, etc.): in buildings or structures and all portions thereof of Use Group A-2:
(a) 
When of construction Type 1, 2, 3 or 4, and more than 5,000 square feet in area, or more than one story.
(b) 
When of construction Type 5.
(3) 
Use Group A-3 (restaurants, museums, etc.): in buildings or structures and all portions thereof of Use Group A-3:
(a) 
When of construction Type 1, 2, 3 or 4, and more than 5,000 square feet in area, or more than one story.
(b) 
When of construction Type 5.
(4) 
Use Group A-4 (churches): in buildings or structures and all portions thereof of Use Group A-4:
(a) 
When of construction Type 1, 2, 3 or 4, and more than 5,000 square feet in area, or more than one story.
(b) 
When of construction Type 5.
(5) 
Use Group A-5 (outdoor assembly): in buildings or structures, except temporary structures, and all portions thereof of Use Group A-5:
(a) 
When of construction Type 3, 4 or 5, and more than 50% enclosed by exterior walls, and more than 10,000 square feet in area.
B. 
Use Group B (business, office, etc.).
(1) 
Use Group B: in buildings or structures and all portions thereof of Use Group B:
(a) 
When of construction Type 1, 2, 3 or 4, and more than 5,000 square feet per floor, or more than 15,000 square feet in total area on all floors, or more than three stories or 35 feet in height above the lowest level of Fire Department access.
(b) 
When of construction Type 5.
C. 
Use Group E: educational occupancies.
(1) 
Use Group E: in all buildings or structures and all portions thereof of Use Group E:
(a) 
When of construction Type 1 and 2 and more than 10,000 square feet per floor, or more than 20,000 square feet in total area on all floors, or more than two stories or 25 feet in height above the lowest level of Fire Department access.
(b) 
When of construction Type 3 and 4 and more than 5,000 square feet per floor, or more than 10,000 square feet in total area on all floors, or more than two stories or 25 feet in height above the lowest level of Fire Department access.
(c) 
When of construction Type 5.
D. 
Use Group F (factory, industrial, etc.) occupancies.
(1) 
Use Group F-1 and F-2: same as Use Group B above.
E. 
Use Group H (high hazard) occupancies.
(1) 
Use Group H: in buildings or structures and all portions thereof of Use Group H, including H-1, H-2, H-3 and H-4 occupancies.
F. 
Use Group I (institutional) occupancies.
(1) 
Use Group I: in buildings or structures and all portions thereof of Use Group I-1, I-2 and I-3, no exceptions.
G. 
Use Group M (stores) occupancies.
(1) 
Use Group M: same as Use Group B above.
H. 
Use Group R (residential) occupancies.
(1) 
Use Group R-1 (hotels, motels, etc.): in buildings or structures and all portions thereof of Use Group R-1 in accordance with Section 906.2.1 or 906.2.2., no exceptions.
(2) 
Use Group R-2 (apartments, dormitories, etc.): in buildings or structures and all portions thereof of Use Group R-2 in accordance with Section 906.2.1 or 906.2.2., no exceptions.
I. 
Use Group S (storage) occupancies.
(1) 
Use Group S: in buildings or structures and all portions thereof of Use Group S-1 and S-2:
(a) 
When of construction Type 1, 2, 3 or 4, same as use Group B (above).
(b) 
When of construction Type 5.
J. 
Public Garages (Group I and Group II): in all public garages:
(1) 
When more than 10,000 square feet in area.
(2) 
When more than 7,500 square feet in area and more than one story in height.
(3) 
When more than 5,000 square feet in area and more than two stories in height.
(4) 
When more than three stories in height.
(5) 
When located in a building(s) of mixed occupancy as defined in the BOCA National Building Code, 1993 Edition.
(6) 
When located in a story that is more than 50% below grade.
(7) 
In an interior fuel-dispensing area(s).
K. 
Bus garages: in all bus garages:
(1) 
When required by Subsection J above.
(2) 
When used as a passenger terminal for four or more buses.
(3) 
When used for the storage or loading of four or more buses.
L. 
Unlimited area buildings: in unlimited area buildings as required by Section 507.0 of the BOCA National Building Code, 1993 Edition.
M. 
Additional fire-suppression systems. The installation of a complete or partial fire suppression system is required as specified in Sections 904.10 and 904.11 and Table 904.11 of the BOCA National Building Code, 1993 Edition. Limited area sprinkler systems shall be designed, installed and maintained in accordance with Section 907.0 of the BOCA National Building Code, 1993 Edition.
N. 
High-rise buildings: in high-rise buildings and all portions thereof:
(1) 
The provisions of this section shall apply to all buildings of any use group when such buildings are more than three stories or 35 feet in height above the lowest level of Fire Department access.
O. 
Covered mall buildings: in all covered mall buildings and portions thereof:
(1) 
The provisions of this section shall apply to all covered mall buildings and portions thereof as defined in the BOCA National Building Code, 1993 Edition.
Whenever substantial additions, alterations or repairs occur to the interior of a dwelling which require the issuance of a building permit, or when one or more sleeping rooms are added or created in existing dwellings, the entire building shall be provided with smoke detectors installed and located as required by the BOCA National Building Code, 1993 Edition, for new dwellings.