In order to prevent excessive damage to buildings and structures due to flooding conditions, the following provisions shall apply to all existing nonconforming uses and to proposed construction or development occurring in the FP Floodplain Conservation District designated in the Chapter 340, Zoning, as amended, when such construction or development is approved by the Zoning Hearing Board.
A.
All new construction and substantial improvements
of structures shall have the lowest floor (including basement) elevated
to at least 1 1/2 feet above the base flood elevation. This elevation
is referred to as the "regulatory flood elevation" (RFE).
B.
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of more
than 50% of its market value shall be considered a substantial improvement
and shall be elevated to the regulatory flood elevation (RFE).
C.
Existing structures located in a designated floodway
shall not be expanded or enlarged unless the effect of the proposed
expansion or enlargement on flood heights is fully offset by accompanying
stream improvements.
D.
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 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.
E.
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, washers, dryers, etc. are prohibited;
(7)
Sanitary sewage 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 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;
(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.
A.
All new construction and substantial improvements
of nonresidential structures shall have the lowest floor (including
basement) elevated or floodproofed to at least 1 1/2 feet above the
base flood elevation. This is known as the "regulatory flood elevation"
(RFE). The floodproofing measures shall satisfy the requirements of
the W1-W2 classes in the publication entitled "Flood-Proofing Regulations"
published by the U.S. Army Corps of Engineers, publication number
EP 1165 2 314, June, 1972, as amended March, 1992, as subsequently
amended, or an equivalent standard approved by the Borough. 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.
B.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of more
than 50% of its market value shall be elevated or floodproofed to
the regulatory flood elevation (RFE).
C.
Existing structures located in a designated floodway
shall not be expanded or enlarged unless the effect of the proposed
expansion or enlargement on one-hundred-year flood heights is fully
offset by accompanying stream improvements.
D.
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 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.
Structures located within the Floodplain Conservation District which have sustained substantial damage may be rebuilt if destroyed by fire or other catastrophe provided that the reconstruction shall be in compliance with the elevation, floodproofing, anchoring and other requirements of Article I and Article II, and, if located in the floodway, shall not result in an increase on the Base Flood Elevation.
If fill is used to raise the finished surface
of the lowest floor 1 1/2 feet above the base flood elevation, the
following requirements apply:
A.
Fill shall extend beyond a structure for a sufficient
distance to provide acceptable access. For residential structures,
fill shall extend laterally 15 feet beyond the building line from
all points. For nonresidential structures, fill shall be place to
provide access acceptable for the intended use. At-grade access, with
fill extending laterally 15 feet beyond the building line, shall be
provided to a minimum of 25% of the perimeter of a nonresidential
structure.
B.
Fill shall consist of soil or rock materials only.
C.
Fill material shall be compacted to provide the necessary
stability and resistance to erosion, scouring or settling.
D.
Fill slopes shall be no steeper than one vertical
on two horizontal, unless substantiating data justifying steeper slopes
are submitted to and approved by the Borough.
E.
Fill shall be used only to the extent to which it
does not adversely affect adjacent properties.
All buildings and structures shall be constructed
and placed on the lot so as to offer minimum obstruction to the flow
of water. In so doing, consideration shall be given to their effect
upon the flow and height of flood waters.
A.
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.
B.
All air ducts, large pipes and storage tanks located
at or below the base flood elevation shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
Where located at or near the regulatory flood
elevation (RFE):
A.
Wood floorings shall be installed to accommodate a
lateral expansion of the flooring, perpendicular to the flooring grain,
without incurring structural damage to the building.
B.
Plywood shall be of an "exterior" or "marine" grade
and of a water-resistant or waterproof variety.
C.
Walls and ceilings in nonresidential structures shall
have sufficient wet strength and be so installed as to survive inundation.
D.
Window frames, door frames, door jambs and other components
shall be made of metal or other water-resistant material.
A.
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.
B.
No electrical distribution panels shall be allowed
at an elevation less than three feet above the base flood elevation.
C.
Separate electrical circuits shall serve lower levels
and shall be dropped from above.
A.
Water heaters, furnaces and other mechanical equipment
or apparatus shall be permitted only at elevations above the regulatory
flood elevation.
B.
All gas and oil supply systems shall be designed to
preclude the infiltration of flood waters into the systems and discharges
from the systems into floodwaters. Additional provisions shall be
made for the drainage of these systems in the event that floodwater
infiltration occurs.
C.
On-site sewage disposal systems are prohibited in
a floodplain.
D.
All new or replacement water and sanitary sewer facilities
and systems shall be located, designed, and constructed to minimize
or eliminate flood damages and infiltration of floodwaters.
Where located at or below the regulatory flood
elevation:
A.
Adhesives shall have a bonding strength that is unaffected
by inundation (i.e., "marine" or water-resistant quality).
B.
All wooden components (doors, trim, cabinets, etc.)
shall be sealed with a "marine" or water-resistant quality seal or
similar product.
C.
Paints or other finishes shall be capable of surviving
inundation (i.e., "marine" or water-resistant quality).
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.
A.
Where permitted within any 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 1 1/2 feet or more above the elevation of the one-hundred-year
flood.
(3)
All manufactured homes and any additions thereto shall
be anchored to resist flotation, collapse, or lateral movement by
providing over-the-top and frame ties to ground anchors in accordance
with the following:
(a)
Over-the-top ties shall be provided at each
of the four corners of the manufactured home, with two additional
ties per side at intermediate locations for units 50 feet or more
in length, and one additional tie per side for units less than 50
feet in length.
(b)
Frame ties shall be provided at each corner
of the manufactured home with five additional ties per side at intermediate
locations for units 50 feet or more in length and four additional
ties per side for units less than 50 feet in length.
(c)
All components of the anchoring system shall
be capable of carrying a force of 4,800 pounds, and resisting a minimum
wind velocity of 90 miles per hour.
(4)
All manufactured homes and additions thereto shall
also be elevated in accordance with the following requirements:
(a)
The stands or lots shall be elevated on compacted
fill or on pilings so that the lowest floor of the manufactured home
will be at least 1 1/2 feet above the base flood elevation.
(b)
Adequate surface drainage is provided, as required in Chapter 295, Subdivision and Land Development, as amended.
(c)
Where pilings are used for elevation, the lots
shall be large enough to permit steps; piling foundations shall be
placed in stable soil no more than 10 feet apart; reinforcement shall
be provided for piling that will extend for six feet or more above
the ground level.
(5)
An evacuation plan indicating alternate vehicular
access and escape routes shall be filed with the appropriate disaster
preparedness authorities for manufactured home subdivisions.
(6)
Placement of a manufactured home on a lot shall require
a building permit under this chapter.
A.
If compliance with the elevation or floodproofing
requirements stated in this chapter would result in an exceptional
hardship for a prospective builder, developer, or landowner, Borough
Council may, upon request, grant relief from the strict application
of the requirements. Relief shall not be granted for those uses identified
in Chapter 3, Section 207 and Section 301(a) of the Pennsylvania Floodplain
Management Act (Act 166-1978)[1] and Section 38.6 and 38.7 of the Pennsylvania Department
of Community and Economic Development Floodplain Management regulations.
[1]
Editor's Note: See 32 P.S. §§ 679.207
and 679.301(a), respectively.
B.
Requests for relief from the strict requirements of
the provisions of this chapter may be granted by the Borough in accordance
with the following procedures and criteria:
(1)
No relief shall be granted for any construction, development,
use or activity within any floodway that would cause an increase in
the base flood elevation.
(2)
If granted, relief shall involve only the least modification
necessary.
(3)
In granting relief, the Borough 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 chapter.
(5)
In reviewing any request for relief, the Borough shall
consider, but not be limited to, the following:
(a)
That there is good and sufficient cause;
(b)
That failure to grant the relief would result
in exceptional hardship to the applicant;
(c)
That the granting of the relief will not result
in any unacceptable or prohibited increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with any
other applicable local or state ordinances and regulations.
(6)
A complete record of all requests for relief and related
actions shall be maintained by the Borough. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Emergency Management Agency.
