72.23.1.
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse, floodway or floodplain until all adjacent
municipalities, FEMA, the Pennsylvania Department of Community and
Economic Development, and property owners which may be affected by
such action have been notified, by certified or registered mail, by
the developer or property owner.
72.23.2.
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse, floodway or floodplain until all required
permits or approvals have been first obtained from the Department
of Environmental Protection.
72.23.3.
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse, floodway or floodplain unless it can be
shown that the activity will not reduce or impede the flood-carrying
capacity of the watercourse in any way.
72.23.4.
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 ordinance and any
other applicable codes, ordinances and regulations.
72.24.1.
Residential structures. The following provisions shall apply:
1.
In any identified floodplain area, any new construction shall have
the lowest floor (including basement) elevated to 1 1/2 feet
above the base flood elevation. For the purposes of this ordinance,
identified floodplain areas include floodplain areas designated as
AE and A Zones in the FIS and the identified floodplains associated
with all other watercourses.
2.
In any identified floodplain area, any substantial improvement to
an existing structure shall have the lowest floor (including basement)
elevated to 1 1/2 feet above the base flood elevation. For the
purposes of this ordinance, identified floodplain areas include floodplain
areas designated as AE and A Zones in the FIS and the identified floodplains
associated with all other watercourses.
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 401-405, as amended) shall be utilized.
72.24.2.
Nonresidential structures. The following provisions shall apply:
1.
Within any identified floodplain area, any new construction of a
nonresidential structure shall have the lowest floor (including basement)
elevated 1 1/2 feet above the base flood elevation, or 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. For the purposes of this ordinance, identified floodplain
areas include floodplain areas designated as AE and A Zones in the
FIS and floodplains associated with all other watercourses.
2.
Within any identified floodplain area, any substantial improvement
to an existing structure shall have the lowest floor (including basement)
at or above the base flood elevation. If any portion of the lowest
floor or basement is below the base flood elevation, it needs to be
floodproofed up to or above the base flood elevation in accordance
with Section 72.24.3 of this ordinance. In no case shall enclosed
space be below grade on all four sides (basements are prohibited).
For the purposes of this ordinance, identified floodplain areas include
floodplain areas designated as AE and A Zones in the FIS and floodplains
associated with all other watercourses.
3.
Any nonresidential structure, or part thereof, having a lowest floor
which is not elevated at or above the regulatory 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 professional engineer or professional architect with a license
in the Commonwealth of Pennsylvania 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 401-405, as amended) shall be utilized.
72.24.3.
Space Below the Lowest Floor. The following provisions shall
apply:
1.
Basements are prohibited.
2.
Fully enclosed space below the lowest floor (excluding 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 "fully enclosed space" also includes crawl spaces.
3.
Designs for meeting this requirement must be certified by either
a registered professional engineer or architect, meeting or exceeding
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 shall be provided;
b.
The bottom of all openings shall be no higher than one foot above
grade; and
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.
72.24.4.
Accessory structures or uses. Structures and uses 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 or surface area shall not exceed 200 square feet;
3.
The structure or use will have a low damage potential;
4.
No structure or use will be located on the site within the floodway
limits;
5.
The structure or use shall not increase the base flood elevation
within the identified floodplain area;
6.
Power lines, wiring, and outlets will be elevated to a minimum of
1 1/2 feet above the base flood elevation;
7.
Permanently affixed utility equipment and appliances, such as furnaces,
heaters, washers, dryers, etc., are prohibited;
8.
Swimming pools are prohibited in any identified floodplain unless
a permit is acquired from the Pennsylvania Department of Environmental
Protection;
9.
Fences must be constructed to allow water to freely flow through
without increasing the base flood elevation. No solid fences will
be permitted in any identified floodplain area; and
10.
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 be
certified by either a professional engineer or professional architect
licensed to practice in the Commonwealth of Pennsylvania, meeting
or exceeding 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 shall be provided;
b.
The bottom of all openings shall be no higher than one foot above
grade; and
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.
72.24.5.
Manufactured homes and recreational vehicles not constructed
on a permanent foundation are prohibited in indentified floodplain
areas.
72.25.1.
Grading. The installation of fill material and/or excavation
of soil in an identified floodplain area shall meet the following
requirements:
1.
A permit must be obtained from the Department of Environmental Protection;
2.
The soil shall be clean fill with only small rocks and be compacted
to provide the necessary permeability and be resistant to erosion,
scouring and settling;
3.
The slope shall be no greater than three feet horizontal to one foot
vertical;
4.
The grading will not increase the base flood elevation within the
floodway or identified floodplain area of any watercourse;
5.
The disturbed area will be required to be stabilized with natural
plants or other erosion-control materials that will minimize future
erosion or sediment scour along the floodway;
6.
The grading performed does not adversely affect the adjacent properties
and the adjacent property owners agree in writing to the grading;
7.
A grading permit is obtained from the Municipality; and
8.
A hydrologic and hydraulic study is required from the upper edge
of the disturbed area to a point measuring a minimum 200 feet upstream
of the lower edge of the proposed disturbed area to determine the
effects of the grading on the base flood elevation in identified floodplain
areas. The calculations shall be completed, signed and sealed by a
professional engineer.
72.25.2.
Drainage facilities.
1.
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 provide positive drainage
away from buildings. The system shall also be designed to prevent
the discharge of runoff onto adjacent properties.
2.
A permit must be obtained from the Department of Environmental Protection
for the construction of any drainage facility designed to convey the
flow of stormwater runoff within an identified floodplain or floodway.
3.
Any drainage facility located within a stream channel shall be designed
to convey the peak flow equal base flood and not increase the base
flood elevation.
4.
No dry sump for the purposes of controlling storm water shall be
constructed in an identified floodplain area.
72.25.3.
Stream bank stabilization. Performing stream bank stabilization
within an identified floodplain or floodway shall meet the following
requirements:
1.
A permit must be obtained from the Department of Environmental Protection.
2.
If the slope is being stabilized using the existing or new erosion-resistant
materials covering the existing soil, the slope shall be cut back
so that it is no greater than three feet horizontal to one foot vertical.
3.
If stone, gabion wall or concrete wall is being used to stabilize
the stream bank, a hydrologic and hydraulic study is required from
the upper edge of the disturbed area to a point measuring a minimum
200 feet upstream of the lower edge of the proposed disturbed area
to determine the effects of the grading on the base flood elevation
in identified floodplain areas. The calculations shall be completed,
signed and sealed by a professional engineer.
72.25.4.
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. These facilities
shall be constructed to be watertight, eliminating infiltration and
contamination.
3.
All on-site sewage systems shall be located outside of any identified
floodplain area to avoid impairment and contamination.
4.
The design and construction provisions of the UCC and FEMA No. 348,
Protecting Building Utilities from Flood Damages, and the International
Private Sewage Disposal Code shall be utilized.
72.25.5.
Subdivisions and land developments.
1.
In a new land development or subdivision, the developer shall rehabilitate
the banks of any watercourse traversing through the property to minimize
stream bank erosion in the future in accordance with this ordinance.
2.
In a new land development or subdivision, the developer shall not grade within 25 feet of any identified floodplain area providing a natural buffer between the new construction and the identified floodplain area. If a natural tree buffer is not provided, the developer shall plant trees in accordance with the buffer yard requirements in the Chapter 69 of the Municipal Code for buffer yards between residential and commercial zoned districts.
3.
In a new land development or subdivision located in an identified
floodplain area, the developer shall prepare a hydrologic and hydraulic
engineering study that will show effects of the proposed development
on the base flood elevation. The engineering analysis shall be prepared
in a format required by FEMA for a conditional letter of map revision
and letter of map revision. The hydrologic and hydraulic analyses
shall be undertaken only by a professional engineer, who shall certify
that the technical methods used correctly reflect currently accepted
technical concept. Studies, analyses, computations, etc., shall be
signed and sealed by the professional engineer and submitted in sufficient
detail to allow a thorough technical review by the Municipality.
72.25.6.
Other utilities.
1.
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.
72.25.7.
Streets.
1.
The finished elevation of all new streets shall be at or above the
base flood elevation of the watercourse.
72.25.8.
Storage.
1.
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 Section 72.26, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or be floodproofed to the maximum extent possible.
72.25.9.
Placement of buildings and structures.
1.
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 with no increase
to the elevation of the base flood of the watercourse.
72.25.10.
Anchoring.
1.
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement. The design and construction of all anchoring
systems shall be certified by a professional engineer or architect.
2.
All air ducts, large pipes, storage tanks and other similar objects
or components located below the base flood elevation shall be securely
anchored or affixed to prevent flotation.
72.25.11.
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.
72.25.12.
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.
72.25.14.
Equipment.
1.
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.
72.25.15.
Fuel supply systems.
1.
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.
72.25.16.
Uniform Construction Code coordination.
1.
The standards and specifications contained in 34 Pa. Code (Chapters
401-405), as amended, and not limited to the following provisions
shall apply to the above and other sections and subsections of this
ordinance to the extent that they are more restrictive and/or supplement
the requirements of this ordinance:
72.26.1.
In accordance with the Pennsylvania Flood Plain Management Act,
and the regulations adopted by the Department of Community Affairs
as required by the Act, any new or substantially improved structures
which will be used for the production or storage of any of the following
dangerous materials or substances shall be prohibited in an identified
floodplain area and floodway:
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.
72.27.1.
The construction of or a substantial improvement to manufactured
homes not constructed on a permanent foundation is prohibited within
an identified floodplain area. No variance shall be granted.
72.27.2.
The placement of a recreational vehicle not constructed on a
permanent foundation is prohibited within an identified floodplain
area. No variance shall be granted.
72.27.3.
The construction of or a substantial improvement to manufactured
homes and/or recreational vehicles is prohibited within an identified
floodplain area unless a variance is obtained and the following requirements
are met:
1.
The structure is placed on a permanent foundation;
2.
The structure is elevated so that the lowest floor of the manufactured
home is at least 1 1/2 feet above base flood elevation;
3.
The structure is anchored to resist flotation, collapse, or lateral
movement;
4.
All ductwork and utilities, including HVAC/heat pump, are elevated
to the regulatory flood elevation;
5.
All manufactured homes shall be prohibited within the area measured
50 feet landward from the top-of-bank of any watercourse;
6.
Installation of manufactured homes on permanent foundations shall
be done in accordance with the manufacturer's 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 United States Department
of Housing and Urban Development's Permanent Foundations for
Manufactured Housing, 1984 Edition, draft or latest revision thereto,
and 34 Pa. Code, Chapters 401-405, shall apply; and
7.
Consideration shall be given to the installation requirements of
the 2009 IBC and the 2009 IRC, or the most recent revisions thereto,
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturer's standards for anchoring cannot
be provided or were not established for the proposed unit's(s')
installation.
72.28.1.
The new construction of a hospital, nursing home, jail, manufactured
home park or prison shall be prohibited.
72.28.2.
Any minor improvement that is not considered a substantial improvement
related to existing hospitals, nursing homes, prisons, jails and manufactured
home parks located in an identified floodplain area is permitted if
all of the floodproofing requirements in this ordinance are met.
72.28.3.
In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, any substantial improvement
related to existing hospitals, nursing homes, prisons, jails and manufactured
home parks shall be prohibited within any identified floodplain area
unless a special development permit is obtained and the following
additional items are provided for review and approval by the Municipality:
1.
The developer shall submit site plans that are in accordance with the requirements set forth in Sections 72.12, 72.13, 72.14 and 72.15 of this ordinance and the following:
a.
Profile drawings for all proposed streets, storm sewers, sanitary
sewers, drives, and vehicular accessways, including existing and proposed
grades;
b.
Sufficiently detailed architectural or engineering drawings, including
floor plans, sections, and exterior building elevations, as appropriate;
and
c.
The proposed elevation of the lowest floor of the structure 1 1/2
feet above the base flood elevation.
2.
A statement, certified by a professional engineer, professional architect,
professional landscape architect or professional land surveyor, which
contains a complete and accurate description of how the base flood
flows will be addressed during construction and how any pollution,
loose buoyant materials and debris will be contained in the site during
a base flood and not enter the existing watercourse.
3.
An evacuation plan which fully explains the manner in which the site
will be safely evacuated before or during the course of a base flood
(one-hundred-year storm).
4.
Certification from a registered professional engineer, surveyor,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood.
5.
A statement, certified by a registered professional engineer, architect,
landscape architect, or other qualified person, which contains a complete
and accurate description of the nature and extent of pollution that
might possibly occur from the development during the course of a base
flood, including a statement concerning the effects such pollution
may have on human life.
6.
A statement, certified by a registered professional engineer, surveyor
or landscape architect, which contains a complete and accurate description
of the kinds and amounts of any loose buoyant materials or debris
that may possibly exist or be located on the site below the base flood
elevation and the effects such materials and debris may have on base
flood elevation and flows.
7.
All hydrologic and hydraulic analyses shall be undertaken only by
a professional engineer with experience completing this type of study,
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 Municipality and the State Department of Community
and Economic Development.
8.
No municipal permit shall be approved unless it can be determined
that the structure or activity will be located, constructed and maintained
in a manner which will fully protect the health and safety of the
general public and any occupants of the structure. At a minimum, all
new structures shall be designed, located, and constructed so that:
a.
The structure will survive inundation by waters of the base flood
without any lateral movement or damage to either the structure itself,
or to any of its equipment or contents below the one-hundred-year
flood elevation.
b.
The lowest floor (including basement) elevation will be at least
1 1/2 feet above the base flood elevation.
c.
The occupants of the structure can remain inside for an indefinite
period of time and be safety evacuated at any time during the base
flood.
9.
Prevent any significant possibility of pollution, increased flood
levels or flows, or debris endangering life and property.
72.28.4.
Special development permit review procedures. Upon receipt of
an application for a special development permit by the Municipality,
the following review procedures shall apply:
1.
The Municipality shall submit all documentation received to the Allegheny
County Department of Economic Development, by certified mail, within
seven days, for review and recommendations.
2.
The Municipality shall submit all documentation received to the State
Department of Community and Economic Development, by certified mail,
within seven working days after approval of any permit and prior to
releasing the permit to the property owner or developer.
3.
The Municipality shall allow the State Department of Community and
Economic Development 30 days, after receipt of the notification by
the Department, to review the application and decision made by the
Municipality.
4.
If an application is received that is incomplete, the Municipality
shall notify the applicant in writing, stating in what respect the
application is deficient.
5.
If the Municipality does not receive any communication from the Department
of Community and Economic Development during the thirty-day review
period, it may issue a special development permit to the applicant.
6.
If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify the Municipality and
the applicant, in writing, of the reasons for the disapproval, and
the Municipality shall not issue the special permit.
