A.
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 Department of Environmental Protection. In addition, the Federal
Emergency Management Agency and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
B.
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this chapter and any other applicable
codes, ordinances and regulations.
C.
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.
D.
Technical or scientific data shall be submitted to FEMA for a letter
of map revision (LOMR) within six (6) months of the completion of
any new construction, development, or other activity resulting in
changes in the BFE.
A.
With any FW (Floodway) Area, the following provisions shall apply:
B.
Within any FE (Special Floodplain) Area, no new construction or development
shall be allowed unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the elevation of the
one-hundred-year flood more than one foot at any point.
C.
Within any FE (Special Floodplain) Area or FA (General Floodplain)
Area, the following provisions apply:
(1)
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.
(2)
Any new construction or development which would cause any increase
in flood heights shall be prohibited within any floodway area.
A.
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 up to or
above the regulatory flood elevation.
B.
Nonresidential structures.
(1)
Within any 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 shall 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.
(2)
Any nonresidential structure or part thereof having a lowest floor
which is not elevated to at least 1 1/2 feet above the one-hundred-year-flood
elevation shall be floodproofed in a completely or essentially dry
manner in accordance with the W1 or W2 space classification standards
contained in the publication entitled "Flood-Proofing Regulations,"
published by the United States 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.
D.
Accessory structures. Structures accessory to a principal building shall be prohibited, except as permitted in Chapter 190, Zoning, § 190-12, so long as said structure meets the requirements of Chapter 190, Zoning, 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)
The 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 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
must meet or exceed the following minimum criteria:
(a)
There shall be 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.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
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 foot vertical to two feet horizontal, 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 ensure proper drainage along streets and shall 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 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
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.
Other utilities. All other utilities, such as gas lines and 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, including but not limited to storage of wood, logs, timber, aboveground swimming pools, structures for housing animals or swing sets, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life and are not listed in § 86-29 shall be stored at an elevation of two feet 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 structure 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 material that is 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 a 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 discharge
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
A.
In accordance with the Pennsylvania Flood Plain Management Act, Act
166 of 1978,[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new 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:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides and rodenticides).
(18)
Radioactive substances insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in flood hazard 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 licensed professional engineer in
a format required by FEMA for a conditional letter of map revision
or letter of map revision. Submittal requirements and processing fees
shall be the responsibility of the applicant.
