In granting any variance, the Township shall attach the following
technical provisions to the proposal for which the variance has been
granted. These conditions and safeguards are necessary in order to
protect the public health, safety, and welfare of the residents of
the municipality.
A.
Pertaining to the alteration or relocation of watercourse.
(1)
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 Pennsylvania Department of Environmental Protection Regional
Office.
(2)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
In addition, FEMA and the Pennsylvania Department of Community and
Economic Development shall be notified prior to any alteration or
relocation of any watercourse.
B.
The municipality shall require technical or scientific data to be
submitted to FEMA for a letter of map revision (LOMR) within six months
of the completion of any new construction, development, or other activity
resulting in changes in the BFE. The applicant is required to apply
to FEMA for a conditional approval prior to permitting the encroachments
to occur in accordance with 44 CFR 65.12. Upon conditional approval
and prior to approving the proposed improvements, the Township is
required to adopt a revision to the Floodplain Management Chapter
incorporating the increased base flood elevation and/or revised floodway
for post-development conditions. Upon completion of the proposed encroachments,
the applicant is required to provide as-built certifications to be
submitted to FEMA for the final map revision in accordance with 44
CFR Part 67. A LOMR or conditional letter of map revision (CLOMR)
is required for:
(1)
Any development that causes a rise in the base flood elevations within
the floodway; or
(2)
Any development occurring in Zone A and Zone AE without a designated
floodway, which will cause a rise of more than one foot in the base
flood elevation; or
(3)
Alteration or relocation of a stream (including but not limited to
installing culverts and bridges).
C.
Any new construction, development, uses or activities allowed by
variance within any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this chapter
and any other applicable codes, ordinances and regulations. In addition,
when such development is proposed within the area measured 50 feet
landward from the top of bank of any watercourse, a permit shall be
obtained from the Department of Environmental Protection Regional
Office.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any Floodplain Conservation
District:
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 base flood elevation and the appropriate permit is obtained
from the Pennsylvania Department of Environmental Protection Regional
Office.
B.
No expansion or enlargement of an existing structure shall be allowed within any portion of the FP Floodplain Conservation District without a defined floodway, as defined in § 82-10, that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C.
Within any portion of the FP Floodplain Conservation District without
a defined floodway, no new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank of
any watercourse, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
D.
No expansion or enlargement of an existing structure shall be undertaken
in the direction of the streambank.
E.
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.
F.
Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined in this chapter must
comply with all ordinance requirements that do not preclude the structure's
continued designation as an historic structure. Documentation that
a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from the
ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
G.
The above activity shall also address the requirements of 34 Pa.
Code, as amended, and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
H.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this chapter.
I.
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.
A.
Residential structures.
(1)
In the Floodway or AE Zone, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
(2)
In A Zones or other areas of the Floodplain Conservation District, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 82-10C of this chapter.
(3)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be
utilized.
B.
Nonresidential structures.
(1)
In the Floodway or AE Zones, 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:
(2)
In A Zones or other areas of the Floodplain Conservation District, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 82-10C of this chapter.
(3)
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the Wl 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.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405 as amended) shall be
used.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor 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.
(2)
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)
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.
(1)
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:
(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 to at or above
the regulatory flood elevation.
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(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 one foot
above 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.
The following minimum standards shall apply for all construction
and development proposed within any Floodplain Conservation District:
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 four horizontal feet unless substantiated
data, justifying steeper slopes are submitted to and approved by the
Floodplain Administrator; and
(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 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.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply 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
Floodplain Conservation District 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.
(4)
The design and construction provisions of the UCC and FEMA #348,
Protecting Building Utilities From Flood Damages and the International
Private Sewage Disposal Code shall be utilized.
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, explosive, or in times of flooding could be injurious to human animal, or plant life and not listed in § 82-17A, 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.
N.
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 through 405), as amended and
not limited to the following provisions, shall apply to the above
and other sections and subsections of this chapter, to the extent
that they are more restrictive and/or supplement the requirements
of this chapter:
(1)
International Building Code (IBC) 2009 or the latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
