Town of Bloomsburg, PA Part 4 TECHNICAL PROVISIONS

§ 8-401 Special Requirements for Identified Floodplain Areas.

[Ord. No. 913, 8/11/2008, §§ 4.00 and 4.01, as amended by Ord. No. 999, 9/16/2019]

1. Within any floodway, the following provisions apply:

A. No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

B. No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection Regional Office.

2. The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.

A. AE Area without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.

(1) No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development, together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of the base flood discharge.

B. 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 Protection Regional Office.

3. The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.

In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Town of Bloomsburg.

§ 8-402 Elevation and Floodproofing Requirements.

[Ord. No. 913, 8/11/2008, § 4.02, as amended by Ord. No. 999, 9/16/2019]

1. 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 at or above the regulatory flood elevation. Compliance with the design, construction standards and specifications contained in the Pennsylvania Construction Code Act and subsequent regulations (UCC) and/or ASCE 24 is required.

2. Nonresidential Structures.

A. In the Bloomsburg 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 below the regulatory flood elevation:

(1) Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and

(2) Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

B. Compliance with the design, construction standards and specifications contained in the Pennsylvania Construction Code Act and subsequent regulations (UCC) and/or ASCE 24 is required.

C. 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. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.

D. Any nonresidential structure that will be floodproofed must submit the following to the floodplain administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:

(1) An inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected include at a minimum:

(a) Mechanical equipment such as sump pumps and generators;

(b) Flood shields and closures;

(c) Walls and wall penetrations; and

(d) Levees and berms (as applicable).

(2) Flood emergency operation plan detailing the procedures to be followed during a flooding event, and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:

(a) An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.

(b) A procedure for notification of necessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties under the plan.

(c) A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.

(d) An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.

(e) A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community.

3. Space Below the Lowest Floor.

A. 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.

B. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

(1) A minimum of two openings having a net total area of not less than one square inch for every one square foot of enclosed space (floor area). These opening must not be located along the same wall.

(2) The bottom of all openings, stated in Subsection 8B(1), must be no higher than 12 inches above exterior grade.

(3) Openings may be equipped with screens, louvers, etc. Other products that allow the automatic entry and exit of floodwaters are also acceptable.

(4) Compliance with the design, construction standards and specifications contained in the Pennsylvania Construction Code Act and subsequent regulations (UCC) and/or ASCE 24 is required.

4. Accessory structures need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:

A. 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.

B. Floor area shall not exceed 200 square feet.

C. The structure will have a low damage potential.

D. The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.

E. Power lines, wiring, and outlets will be elevated at least to the regulatory flood elevation.

F. Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited below the regulatory flood elevation.

G. Sanitary facilities are prohibited.

H. The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater 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:

(1) A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

(2) The bottom of all openings shall be no higher than 12 inches above exterior grade.

(3) Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

I. For accessory structures that are 200 square feet or larger in area (footprint) and that are below the base flood elevation, a variance is required as set forth in Part 7. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy. No variances shall be granted for a proposed accessory structure that exceeds 600 square feet in size. A signed nonconversion agreement is required as a condition of receiving the variance.

§ 8-403 Design and Construction Standards.

[Ord. No. 913, 8/11/2008, § 4.03, as amended by Ord. No. 999, 9/16/2019]

The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

1. Fill.

A. Fill is not permitted to be placed within a designated floodway.

B. Sanitary landfills shall not be permitted.

C. If fill is used, it shall:

(1) Extend laterally at least 15 feet beyond the building line from all points.

(2) Consist of soil and/or small rock materials, sized 2B or smaller, only.

(3) Be no steeper than one unit vertical to two units horizontal.

(4) In lieu of Subsection 1C(1) through (3) (above), designs for the placement of fill must be certified by a registered professional engineer or landscape architect.

(5) Be used to the extent to which it does not adversely affect adjacent properties (refer to provisions found within the UCC and referenced publications).

(6) Comply with the design, construction standards and specifications contained in the Pennsylvania Construction Code Act and subsequent regulations (UCC) and/or ASCE 24.

2. Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure 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, water and sanitary sewer facilities and systems.

3. Water and Sanitary Sewer Facilities and Systems.

A. 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.

B. Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

C. 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.

D. Compliance with the design, construction standards and specifications contained in the Pennsylvania Construction Code Act and subsequent regulations (UCC) and/or ASCE 24 is required.

4. 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.

5. Streets. The finished elevation of all new streets shall be no greater than one foot below the base flood elevation.

6. 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 § 8-404, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.

7. 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.

8. Anchoring.

A. All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

B. All air ducts, pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

C. The design and construction requirements of the UCC pertaining to this subsection as referred to in the Standards and Specifications contained in the Pennsylvania Construction Code Act and subsequent regulations and/or ASCE 24 shall be utilized.

9. Floors, Walls and Ceilings.

A. 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.

B. Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

C. 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.

D. Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

E. Compliance with the design, construction standards and specifications contained in the Pennsylvania Construction Code Act and subsequent regulations (UCC) and/or ASCE 24 is required.

10. Paints and Adhesives.

A. Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.

B. Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

C. All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.

D. Compliance with the design, construction standards and specifications contained in the Pennsylvania Construction Code Act and subsequent regulations (UCC) and/or ASCE 24 is required.

11. Electrical Components.

A. Lowest portion of the electrical distribution panels shall be no less than two feet above the regulatory flood elevation.

B. Separate electrical circuits shall serve lower levels and shall be dropped from above.

C. The provisions pertaining to the Standards and Specifications contained in the Pennsylvania Construction Code Act and subsequent regulations and/or ASCE 24 shall be utilized.

12. Equipment.

A. 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.

B. The provisions pertaining to this section and the Standards and Specifications contained in the Pennsylvania Construction Code Act and subsequent regulations and/or ASCE 24 shall be utilized.

13. 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.

14. Fences and Walls. Fence and/or wall types will be permitted within the BIFA as permitted by Figure 8-801.[1]

[1] Editor's Note: See § 8-801, Tables.

15. Uniform Construction Code Coordination. All provisions provided within this section (§ 8-403) shall comply with the design, construction standards and specifications contained in the Pennsylvania Construction Code Act and subsequent regulations (UCC) and/or ASCE 24, as applicable.

§ 8-404 Development Which May Endanger Human Life.

[Ord. No. 913, 8/11/2008, § 4.04, as amended by Ord. No. 999, 9/16/2019]

1. In accordance with the Pennsylvania Floodplain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new construction 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:

Acetone

Ammonia

Benzene

Calcium carbide

Carbon disulfide

Celluloid

Chlorine

Hydrochloric acid

Hydrocyanic acid

Magnesium

Nitric acid and oxides of nitrogen

Petroleum products (gasoline, fuel oil, etc.)

Phosphorus

Potassium

Sodium

Sulfur and sulfur products

Pesticides (including insecticides, fungicides, and rodenticides)

Radioactive substances, insofar as such substances are not otherwise regulated

2. Within any floodway, any structure of the kind described in Subsection 1 shall be prohibited.

3. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection 1, above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with § 8-202, Subsections 2 and 3, § 8-402 and § 8-403.

4. Any new or substantially improved nonresidential structure of the kind described in § 8-404 shall be built in accordance with § 8-202, Subsections 2 and 3, § 8-402 and § 8-403, including:

A. Elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; and

B. Designed to prevent pollution from the structure or activity during the course of a base 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" (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.

§ 8-405 Special Requirements for Manufactured Homes.

[Ord. No. 913, 8/11/2008, § 4.05, as amended by Ord. No. 999, 9/16/2019]

1. Manufactured homes shall be prohibited within the floodway.

2. Where permitted within any identified floodplain area, all manufactured homes and any improvements thereto shall be:

A. Placed on a permanent foundation.

B. Elevated so that the lowest floor of the manufactured home is at or above the regulatory flood elevation.

C. Anchored to resist flotation, collapse, or lateral movement.

D. Installed in accordance with the manufacturers' installation instructions for installation within an identified floodplain area as provided by the manufacturer. Where the applicant cannot provide the above information, the following shall be acceptable:

(1) The Pennsylvania Construction Code Act and subsequent regulations; and/or

(2) ASCE 24; and/or

(3) The United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft, or latest revision thereto, shall apply and 34 Pa. Code (Chapters 401-405, as amended).

E. The most stringent of regulations in Subsection 2D(1) through (3) shall apply.

F. Dry stacked block is not an acceptable permanent foundation for the installation of manufactured housing located within the BIFA.

§ 8-406 Special Requirements for Recreational Vehicles.

[Added by Ord. No. 999, 9/16/2019]

Recreational vehicles in Zones A, A1-30, AH and AE must either:

1. Be on the site for fewer than 180 consecutive days; and

2. Be fully licensed and ready for highway use; or

3. Meet the permit requirements for manufactured homes in § 8-405.

§ 8-407 Special Requirements for Subdivisions and Development.

[Added by Ord. No. 999, 9/16/2019]

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 Pennsylvania registered engineer in a format required by FEMA for a conditional letter of map revision (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.