In granting any variance, the Township of Lower Moreland 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 Lower Moreland Township.
A.Â
Pertaining to the alteration or relocation of watercourse.
(1)Â
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
of Lower Moreland, and until all required permits or approvals have
been first obtained from PA DEP regional office.
(2)Â
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)Â
In addition, FEMA and PA DCED, shall be notified prior to any
alteration or relocation of any watercourse.
B.Â
The Township of Lower Moreland shall require technical or scientific
data to be submitted to FEMA for a LOMR within six months of the completion
of any new construction, development, or other activity resulting
in changes in the BFE. A LOMR or CLOMR is required for:
(1)Â
Any proposed development that causes a rise in the BFEs within
the floodway; or
(2)Â
Any proposed development occurring in Zone AE, which will cause
a rise of more than one foot in the BFE; or
(3)Â
Proposed alteration or relocation of a stream including but
not limited to installing culverts and bridges.
A.Â
Residential structures.
(1)Â
In Zone AE, any new construction or substantial improvement
shall have the lowest habitable floor elevated 1Â 1/2 feet above
the BFE (basements are prohibited). The design and construction standards
and specifications contained in the 2009 IBC and in the 2009 IRC or
the most recent revisions thereof and ASCE 24 and 34 Pa. Code Chapters
401 to 405, as amended, shall be used.
(2)Â
In Zone A, where there are no BFEs specified on the FIRMs, any new construction or substantial improvement shall have the lowest habitable floor elevated 1 1/2 feet above the BFE determined in accordance with Article 4 of this chapter relating to Subsection D, Zone A, of § 108-402, Description and special requirements of FCD.
(3)Â
The design and construction standards and specifications contained
in the 2009 IBC and in the 2009 IRC or the most recent revisions thereof
and ASCE 24 and 34 Pa. Code Chapters 401 to 405, as amended, shall
be utilized.
B.Â
Nonresidential structures.
(1)Â
In Zone AE, any new construction or substantial improvement
of a nonresidential structure shall have the lowest habitable floor
elevated 1Â 1/2 feet above the BFE, and be designed and constructed
so that the space enclosed below the RFE:
(2)Â
In Zone A, where there are no BFEs specified on the FIRMs, any new construction or substantial improvement shall have the basement floodproofed and the lowest habitable floor elevated 1 1/2 feet above the BFE determined in accordance with Article 4 of this chapter relating to Subsection D, Zone A, of § 108-402, Description and special requirements of FCD.
(3)Â
Any nonresidential structure, or part thereof, made watertight
below the RFE shall be floodproofed in accordance with the W1 or W2
space classification standards contained in the publication entitled
"Flood-Proofing Regulations" published by the US ACE (June 1972, as
amended March 1992) or with some other approved 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)Â
The design and construction standards and specifications contained
in the 2009 IBC and in the 2009 IRC or the most recent revisions thereof
and ASCE 24 and 34 Pa. Code Chapters 401 to 405, as amended, shall
be used.
C.Â
Space below the lowest floor.
(1)Â
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)Â
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)Â
Minimum of two openings having a net total area of not less
than one square inch for every one square foot of enclosed space;
(b)Â
The bottom of all openings shall be no higher than one foot
above grade; and
(c)Â
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.Â
Accessory structures.
(1)Â
Accessory structures need not be elevated or floodproofed to
remain dry, but shall comply, at a minimum, with the following requirements:
(a)Â
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)Â
Floor area shall not exceed 100 square feet;
(c)Â
The structure will have a low damage potential;
(d)Â
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters;
(e)Â
Power lines, wiring, and outlets will be elevated to the RFE;
(f)Â
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited;
(g)Â
Sanitary facilities are prohibited; and
(h)Â
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]Â
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;
[2]Â
The bottom of all openings shall be no higher than one foot
above grade; and
[3]Â
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
A.Â
Development which may endanger human life. In accordance with the
Pennsylvania Flood Plain Management Act (Act 166-1978),[1] and the regulations adopted by PA DCED as required by the Pennsylvania Floodplain Management Act (Act 166-1978), 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 (§ 108-703), in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(1)Â
Acetone;
(2)Â
Ammonia;
(3)Â
Benzene;
(4)Â
Calcium carbide;
(5)Â
Carbon disulfide;
(6)Â
Celluloid;
(7)Â
Chlorine;
(8)Â
Hydrochloric acid;
(9)Â
Hydrocyanic acid;
(10)Â
Magnesium;
(11)Â
Nitric acid and oxides of nitrogen;
(12)Â
Petroleum products (gasoline, fuel oil, etc.);
(13)Â
Phosphorus;
(14)Â
Potassium;
(15)Â
Sodium;
(16)Â
Sulfur and sulfur products;
(17)Â
Pesticides (including insecticides, fungicides, and rodenticides);
and
(18)Â
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.Â
Within any identified floodplain area, any structure of the kind described in Subsection A, above, shall be prohibited. No variance shall be granted within a floodway area.
C.Â
Where permitted by a variance within the floodplain fringe and alluvial soils area, any new or substantially improved structure of the kind described in the subsection immediately above (§ 108-703A), shall be:
(1)Â
Elevated or designed and constructed to remain completely dry
up to at least 1Â 1/2 feet above the BFE;
(2)Â
Designed to prevent pollution from the structure or activity
during the course of a BFE; and
(3)Â
Any such nonresidential structure, or part thereof, that will
be built below the RFE shall be designed and constructed in accordance
with the standards for completely dry floodproofing contained in the
publication "Flood-Proofing Regulations" (US ACE, June 1972, as amended
March 1992), or with some other equivalent watertight standard.
The following minimum standards shall apply for all construction
and development proposed within any FCD:
A.Â
Fill. If fill is used, it shall:
(1)Â
Extend laterally at least 15 feet beyond the building line from
all points;
(2)Â
Consist of soil or small rock materials only (sanitary landfills
shall not be permitted);
(3)Â
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(4)Â
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to and
approved by the Floodplain Administrator; and
(5)Â
Be used to the extent to which it does not adversely affect
adjacent properties.
B.Â
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.Â
Water and sanitary sewer facilities and systems.
(1)Â
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)Â
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)Â
No part of any on-site sewage system shall be located within
any FCD 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)Â
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.
D.Â
Other utilities. All other utilities such as gaslines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.Â
Streets. The finished elevation of all new streets shall be less
than the RFE.
F.Â
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 Article 7 of this chapter relating to Subsection A, Development which may endanger human life, of § 108-703, Special technical requirements, shall be stored at or above the RFE and/or floodproofed to the maximum extent possible.
G.Â
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer no obstruction
to the flow of water and shall be designed to have no effect upon
the flow and height of floodwater.
H.Â
Anchoring.
(1)Â
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)Â
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the RFE shall be securely anchored
or affixed to prevent flotation.
I.Â
Floors, walls and ceilings.
(1)Â
Wood flooring used at or below the RFE shall be installed to
accommodate a lateral expansion of the flooring, perpendicular to
the flooring grain without causing structural damage to the building.
(2)Â
Plywood used at or below the RFE shall be of a marine or water-resistant
variety.
(3)Â
Walls and ceilings at or below the RFE shall be designed and
constructed of materials that are water-resistant and will withstand
inundation.
(4)Â
Windows, doors, and other components at or below the RFE shall
be made of metal or other water-resistant material.
J.Â
Paints and adhesives.
(1)Â
Paints and other finishes used at or below the RFE shall be
of a marine or water-resistant variety.
(2)Â
Adhesives used at or below the RFE shall be of a marine or water-resistant
variety.
(3)Â
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
L.Â
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the RFE.
M.Â
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.Â
UCC coordination. The standards and specifications contained in 34
Pa. Code Chapters 401 to 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.