A.
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 Part 7 and any other applicable
codes, ordinances and regulations.
B.
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 Township, and
until all required permits or approvals have been first obtained from
the 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 Pennsylvania DCED shall be notified prior to
any alteration or relocation of any watercourse.
C.
The applicant for zoning permit and/or plan approval must submit
technical or scientific data 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 base flood
elevations (BFE).
D.
The alteration of sand dunes that would increase potential flood
damage within Zones V1-30, V, and VE is prohibited.
[Added 5-23-2017 by Ord.
No. 2017-10]
A.
Residential structures.
[Amended 5-23-2017 by Ord. No. 2017-10]
(1)
In AE, A1-30, and AH zones, 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 and V Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated up to, or above the regulatory flood elevation in accordance with § 70-74C(2).
(3)
In AO Zones, any new construction or substantial improvement shall
have the lowest floor (including the basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(4)
The design and construction standards and specifications contained
in the International Building Code and in the International Residential
Code or the most recent revisions thereof and ASCE 24 and 34 Pa. Code
(Chapters 401 to 405, as amended) shall be utilized.
B.
Nonresidential structures.
[Amended 5-23-2017 by Ord. No. 2017-10]
(1)
In AE, A1-30 and AH 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 V and A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation in accordance with § 70-74C(2).
(3)
In AO Zones, any new construction or substantial improvement shall
have their lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified on the FIRM.
(4)
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.
(5)
The design and construction standards and specifications contained
in the International Building Code and in the International Residential
Code or the most recent revisions thereof and ASCE 24 and 34 Pa. Code
(Chapters 401 to 405, as amended) shall be utilized.
C.
Space below the lowest floor.
(1)
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.
(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)
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. 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 100 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 elevated to the regulatory
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 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:
(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.
(9)
The property owner shall be solely responsible for determining whether
an accessory structure is to be constructed and its location and manner
of construction. In no event shall the Township be responsible or
liable for any damage, injury or claims arising from an owner's construction
of such a structure.
The following minimum standards shall apply for all construction
and development plans 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 vertical to two horizontal feet unless substantiated
data which justifies steeper slopes is 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
identified floodplain area.
(4)
The design and construction provisions of the Pennsylvania Construction
Code, FEMA Publication No. 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 equal
to or above 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 § 70-80, shall be stored 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 engineering practices acceptable to the Township Engineer to
prevent flotation, collapse, or lateral movement.
(2)
All air ducts, large pipes, storage tanks and other similar objects
or components which are to be located below the regulatory flood elevation
must 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 in order 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 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.
Pennsylvania Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 to 405), as amended, and not limited to the provisions noted below, shall apply to the above and other sections and subsections of this Part 7, to the extent that they are more restrictive and/or supplement the requirements of this Part 7.
[Added 5-23-2017 by Ord.
No. 2017-10]
A.
General requirements.
(1)
In addition to the general requirements of § 70-79, the requirements of this section shall:
(a)
Apply in flood hazard areas that are identified as coastal high
hazard areas (V Zones) and Coastal A Zones (if delineated).
(b)
Apply to all development, new construction, substantial improvements
(including repair of substantial damage), and placement, replacement,
and substantial improvement (including repair of substantial damage)
of manufactured homes.
B.
Location and site preparation.
(1)
The placement of structural fill for the purpose of elevating
buildings is prohibited.
(2)
Buildings shall be located landward of the reach of mean high
tide.
(3)
Minor grading, and the placement of minor quantities of fill,
shall be permitted for landscaping and for drainage purposes under
and around buildings and for support of parking slabs, pool decks,
patios and walkways.
(4)
Site preparations shall not alter sand dunes unless an engineering
analysis demonstrates that the potential for flood damage is not increased.
C.
Residential and nonresidential structures. New structures and substantial improvement (including repair of substantial damage) of existing structures shall comply with the applicable requirements of § 70-78 and the requirements of this section.
(1)
Foundations.
(a)
Structures shall be supported on pilings or columns and shall
be adequately anchored to such pilings or columns. Pilings shall have
adequate soil penetrations to resist the combined wave and wind loads
(lateral and uplift). Water loading values used shall be those associated
with the base flood. Wind loading values shall be those required by
applicable building codes. Pile embedment shall include consideration
of decreased resistance capacity caused by scour of soil strata surrounding
the piling.
(b)
Slabs, pools, pool decks and walkways shall be located and constructed
to be structurally independent of structures and their foundations
to prevent transfer of flood loads to the structures during conditions
of flooding, scour, or erosion from wave-velocity flow conditions,
and shall be designed to minimize debris impacts to adjacent properties
and public infrastructure.
(2)
Elevation requirements.
(a)
The bottom of the lowest horizontal structural member that supports
the lowest floor shall be located at or above the flood protection
elevation.
(b)
Basement floors that are below grade on all sides are prohibited.
(c)
The space below an elevated building shall either be free-of-obstruction
or, if enclosed by walls, shall meet the requirements of paragraph
(x). (Note: See NFIP Technical Bulletin No. 5, "Free-of-Obstruction
Requirements.")
(3)
Certification of design. As required in § 70-63, the applicant shall include in the application a certification prepared by a licensed professional engineer or a licensed architect that the design and methods of construction to be used meet the requirements of paragraph (c), paragraph (d), paragraph (e), paragraph (f), and the building code.
(4)
Enclosures below the lowest floor.
(a)
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access or limited storage.
(b)
Enclosures below the lowest floor shall be less than 200 square
feet in area (exterior measurement).
(c)
Walls and partitions are permitted below the elevated floor,
provided that such walls and partitions are designed to break away
under flood loads and are not part of the structural support of the
building or structure. (Note: See NFIP Technical Bulletin No. 9, "Design
and Construction Guidance for Breakaway Walls.")
(d)
Electrical, mechanical, and plumbing system components shall
not be mounted on or penetrate through walls that are designed to
break away under flood loads.
(e)
Walls intended to break away under flood loads shall be constructed
with insect screening or open lattice, or shall be designed to break
away or collapse without causing collapse, displacement or other structural
damage to the elevated portion of the building or supporting foundation
system. Such walls, framing and connections shall have a design safe-loading
resistance of not less than 10 pounds per square foot and no more
than 20 pounds per square foot; or
(f)
Where wind loading values of the building code exceed 20 pounds
per square foot, the applicant shall submit a certification prepared
and sealed by a licensed professional engineer or licensed architect
that:
[1]
The walls and partitions below the lowest floor have been designed
to collapse from a water load less than that which would occur during
the base flood.
[2]
The elevated portion of the building and supporting foundation
system have been designed to withstand the effects of wind and flood
loads acting simultaneously on all building components (structural
and nonstructural). Water loading values used shall be those associated
with the base flood; wind loading values used shall be those required
by the building code.
D.
Horizontal additions to structures.
(2)
For horizontal additions, whether structurally connected or
not structurally connected, to the base building:
(a)
If the addition combined with other proposed repairs, alterations, or modifications of the base building constitutes substantial improvement, the base building and the addition shall comply with the applicable requirements of § 70-74 and this section.
(b)
If the addition constitutes substantial improvement, the base building and the addition shall comply with all of the applicable requirements of § 70-74 and this section.
(c)
A horizontal addition to a building or structure that is not
substantial improvement is not required to comply with this section.
E.
Accessory structures.
(1)
Accessory structures shall be limited to not more than 100 square
feet in total floor area.
(2)
Accessory structures shall comply with the elevation requirements and other requirements of § 70-78 or, if not elevated, shall:
(a)
Be usable only for parking of vehicles or limited storage;
(b)
Be constructed with flood-damage-resistant materials below the
base flood elevation;
(c)
Be constructed and placed to offer the minimum resistance to
the flow of floodwaters;
(d)
Be anchored to prevent flotation;
(e)
Have electrical service and mechanical equipment elevated to or above the base flood elevation; and if located in Coastal A Zones, walls shall have flood openings that meet the requirements of §§ 70-78C and 70-79.1C(4).
F.
Other structures and development.
(1)
Decks and patios. In addition to the requirements of the building
code or the residential code, decks and patios shall be located, designed,
and constructed in compliance with the following:
(a)
A deck that is structurally attached to a building or structure
shall have the bottom of the lowest horizontal structural member at
or above the flood protection elevation and any supporting members
that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which
shall be designed to accommodate any increased loads resulting from
the attached deck.
(b)
A deck or patio that is located below the flood protection elevation
shall be structurally independent from structures and their foundation
systems, and shall be designed and constructed either to remain intact
and in place during base flood conditions or to break apart into small
pieces that will not cause structural damage to adjacent elevated
structures.
(c)
A deck or patio that has a vertical thickness of more than 12
inches or that is constructed with more than the minimum amount of
fill that is necessary for site drainage shall not be approved unless
an analysis demonstrates no harmful diversion of floodwaters or wave
runup and wave reflection that would increase damage to adjacent elevated
structures.
(d)
A deck or patio that has a vertical thickness of 12 inches or
less and that is at natural grade or on fill material that is similar
to and compatible with local soils and is the minimum amount necessary
for site drainage may be approved without requiring analysis of the
impact on diversion of floodwaters or wave runup and wave reflection.
G.
Other development. Other development activities shall be permitted
only if located outside the footprint of, and not structurally attached
to, structures, and only if an analysis demonstrates no harmful diversion
of floodwaters or wave runup and wave reflection onto adjacent elevated
structures. Other development includes, but is not limited to:
A.
In accordance with the Pennsylvania Flood Plain Management Act,[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 substances or materials; 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)
Sulphur and sulphur 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.
B.
Within any floodway area, any structure of the kind described in Subsection A shall be prohibited.
C.
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection A shall be:
(1)
Elevated, or in the case of a nonresidential structure, designed
and constructed to remain completely dry up to at least 1 1/2
feet above base flood elevation;
[Amended 5-23-2017 by Ord. No. 2017-10]
(2)
Designed to prevent pollution from the structure or activity during
the course of a base flood elevation;
(3)
Any such nonresidential 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; and
(4)
Prohibited within the area measured 50 feet landward from the top
of bank of any watercourse.
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.
[Amended 5-23-2017 by Ord. No. 2017-10]
A.
Within any floodway area, manufactured homes shall be prohibited.
No variance shall be granted.
B.
Within any V, VE and V1-30 Zones, manufactured homes shall be prohibited.
No variance shall be granted.
C.
Within Approximate Floodplain or AE Areas, manufactured homes shall
be prohibited within the area measured 50 feet landward from the top
of bank of any watercourse.
D.
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
E.
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the 2009 International Residential Building Code
or the U.S. Department of Housing and Urban Development's Permanent
Foundations for Manufactured Housing, 1984 Edition, draft or latest
revision thereto and 34 Pa. Code, Chapters 401 to 405, shall apply.
F.
Consideration shall be given to the installation requirements of
the IBC, and the IRC or the most recent revisions thereto and 34 Pa.
Code, as amended, where appropriate and/or applicable to units where
the manufacturers' standards for anchoring cannot be provided or were
not established for the units' proposed installation.
