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.
(d) 
Accessory uses as provided in § 173-2E, which are incorporated herein by reference.
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.
(4) 
Whenever a relief is granted, the Borough shall notify the applicant in writing that:
(a) 
The granting of the relief may result in increased premium rates for flood insurance;
(b) 
Such relief may increase the risks to life and property.
(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.