A.
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 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 Department of Community and Economic
Development shall be notified prior to any alteration or relocation
of any watercourse.
B.
Technical or scientific data shall 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.
C.
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.
A.
Within any identified floodplain area new construction or development
is prohibited, with the following exceptions, provided the use does
not require structures other than as indicated or fill other than
as indicated:
(1)
Accessory uses such as sheds, garages or pavilions. Such uses are
limited to 600 square feet of floor area. The total amount of floor
area per lot for accessory uses is limited to 900 square feet, regardless
of the number of such accessory structures. In addition, all other
applicable ordinances will apply in computing square footage allowances.
(2)
Plowing, seeding, harvesting, pasture, plant nurseries, horticulture,
forestry, aquaculture and other normal farming operations.
(3)
Vehicle access uses, including driveways, roads, streets, bridges
and culverts. Impacts to the floodplain are limited to the least amount
needed to construct the use and provide safety and structural integrity.
(4)
Public and private recreational uses, such as parks, camps, picnic
areas, swimming areas, boat launches, wildlife areas and preserves,
hunting and fishing, game farms, trails for hiking, horse riding,
athletic fields, and other recreational activities.
(5)
Accessory residential uses such as yards, gardens and play areas.
(6)
Projects conducted with the objective of improvement, stabilization,
restoration or enhancement of the stream bank, stream channel, floodplain
or aquatic habitat. Such projects must receive appropriate permits
and approvals from DEP prior to starting the project.
(7)
Utility lines and pipes.
(8)
Similar uses determined to be acceptable by the Borough Council of
the Borough of Paxtang, provided the use does not require structures
other than as indicated above or fill other than as indicated above.
B.
Preexisting lots or parcels.
(1)
Where a lot or parcel that has been legally created and recorded
prior to the effective date of this chapter is located entirely or
partially within any identified floodplain area, the following conditions
apply:
(a)
If the lot or parcel is located entirely within any identified
floodplain area, development may be allowed by variance. Such development
shall be in full compliance with all other requirements of this chapter.
(b)
If the lot or parcel is located partially within any identified
floodplain area, development shall be confined to the area outside
of the floodplain area to the maximum extent practical. If the area
outside of the floodplain area is insufficient for the proposed use,
development within the floodplain may be allowed by variance. Such
development shall be in full compliance with all other requirements
of this chapter.
C.
Creation of new lots or parcels.
D.
Within any floodway area, the following provisions apply:
E.
Within any 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.
F.
Within any special floodplain area, approximate floodplain area,
shallow flooding area, or supplemental 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
Regional Office.
(2)
All allowable uses shall be conducted in full compliance with this
chapter.
G.
Within any identified floodplain area and within 50 feet of the top-of-bank
of any stream not located within an identified floodplain area, the
following uses are expressly prohibited:
(1)
Development which may endanger human life.
(a)
Any new or substantially improved structures which:
[1]
Will be used for the production or storage of any of the following
dangerous materials or substances;
[2]
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
[3]
Will involve the production, storage or use of any amount of
radioactive substances.
(b)
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.
(c)
Existing uses of the kind described in Subsection G(1)(a) and (b) above may continue. However, any substantial improvement to such structure is subject to the following requirements:
[2]
Any substantially improved structure of the kind described in Subsection G(1)(a) and (b) above shall be:
[a]
Elevated or designed and constructed to remain
completely dry up to at least 1.5 feet above base flood elevation.
[b]
Designed to prevent pollution from the structure
or activity during the course of a base flood elevation.
[c]
Any such structure, or part thereof, that will
be built below 1.5 feet above base 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.
(2)
Special floodplain building permit activities.
(b)
Existing uses of the kind in Subsection G(2(a) described above
may continue. However, any construction enlargement or expansion to
such structure is subject to the following requirements:
[1]
Applicants for special floodplain building permits shall provide
five copies of the following items:
[a]
A written request including a completed building
permit application form.
[b]
A small-scale map showing the vicinity in which
the proposed site is located.
[c]
A plan of the entire site, clearly and legibly
drawn a scale of one inch being equal to 100 feet or less, showing
the following:
[i]
North arrow, scale and date;
[ii]
Topography based upon the North American Vertical
Datum (NAVD) of 1988, showing existing and proposed contours at intervals
of two feet;
[iii]
All property and lot lines, including dimensions,
and the size of the site expressed in acres or square feet;
[iv]
The location of all existing streets, drives,
other accessways and parking areas, with information concerning widths,
pavement types and construction, and elevations;
[v]
The location of any existing bodies of water or
watercourses, buildings, structures and other public or private facilities,
including railroad tracks and facilities, and any other natural and
man-made features affecting or affected by the proposed activity or
development;
[vi]
The location of the floodplain boundary line,
information and spot elevations concerning the base flood elevations,
and information concerning the flow of water including direction and
velocities;
[vii]
The location of all proposed buildings, structures,
utilities and any other improvements; and
[viii]
Any other information which the municipality
considers necessary for adequate review of the application.
[d]
Plans of all proposed buildings, structures and
other improvements, clearly and legibly drawn at suitable scale, showing
the following:
[i]
Sufficiently detailed architectural or engineering
drawings, including floor plans, sections and exterior building elevations,
as appropriate;
[ii]
For any proposed building, the elevation of the
lowest floor (including basement) and, as required, the elevation
of any other floor;
[iii]
Complete information concerning flood depths,
pressures, velocities, impact and uplift forces, and other factors
associated with the base flood elevation;
[iv]
Detailed information concerning any proposed floodproofing
measures;
[v]
Cross-section drawings for all proposed streets,
drives, other accessways and parking areas, showing all rights-of-way
and pavement widths;
[vi]
Profile drawings for all proposed streets, drives
and vehicular accessways, including existing and proposed grades;
and
[vii]
Plans and profiles of all proposed sanitary and
storm sewer systems, water supply systems, and any other utilities
and facilities.
[e]
The following data and documentation:
[i]
Certification from the applicant that the site
upon which the activity or development is proposed is an existing
separate and single parcel, owned by the applicant or the client he
represents;
[ii]
Certification from a registered professional engineer,
architect or landscape architect that the proposed construction has
been adequately designed to protect against damage from the base flood
elevation;
[iii]
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 elevation, including a statement
concerning the effects such pollution may have on human life;
[iv]
A statement, certified by a registered professional
engineer, architect or landscape architect, which contains a complete
and accurate description of the effects the proposed development will
have on base flood elevations and flows;
[v]
A statement, certified by a registered professional
engineer, architect 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 elevations and flows;
[vi]
The appropriate component of the Department of
Environmental Protection's Planning Module for Land Development;
[vii]
Where any excavation or grading is proposed,
a plan meeting the requirements of the Department of Environmental
Protection to implement and maintain erosion and sedimentation control;
[ix]
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.
[2]
Application review procedures.
[a]
Upon receipt of an application for a special floodplain building permit by the Borough of Paxtang, the following procedures shall apply, in addition to those of Article II:
[i]
Within five business days following receipt of
the application, a complete copy of the application and all accompanying
documentation shall be forwarded to the Tri-County Planning Commission
by registered or certified mail, or by personal delivery, for its
review and recommendations. Copies of the application shall also be
forwarded to the Borough Engineer for review and comment.
[ii]
If an application is received that is incomplete,
the Borough of Paxtang shall notify the applicant in writing, stating
in what respect the application is deficient.
[iii]
If the Borough of Paxtang decides to disapprove
an application, it shall notify the applicant, in writing, of the
reasons for the disapproval.
[iv]
If the Borough of Paxtang approves an application,
it shall file written notification, together with the application
and all pertinent information, with the Pennsylvania Department of
Community and Economic Development, by registered or certified mail,
or by personal delivery, within five business days after the date
of approval.
[v]
Before issuing the special floodplain building
permit, the Borough of Paxtang shall allow the Pennsylvania 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 Borough of Paxtang.
[vi]
If the Borough of Paxtang does not receive any
communication from the Department of Community and Economic Development
during the thirty-day review period, it may issue a special permit
to the applicant.
[vii]
If the Department of Community and Economic Development
should decide to disapprove an application, it shall notify the Borough
of Paxtang and the applicant, in writing, of the reasons for the disapproval,
and the Borough of Paxtang shall not issue the special floodplain
building permit.
[3]
Special technical requirements.
[a]
In addition to the requirements of Article IV of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special floodplain building permit. If there is any conflict between any of the following requirements and those in Article IV of this chapter or in any other code, ordinance or regulation, the more restrictive provision shall apply.
[b]
No application for a special floodplain building
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:
[i]
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 elevation without any lateral movement or damage
to either the structure itself or to any of its equipment or contents
below the BFE.
[B]
The lowest floor (including basement) will be elevated
to at least 1.5 feet above base flood elevation.
[C]
The occupants of the structure can remain inside
for an indefinite period of time and be safely evacuated at any time
during the base flood elevation.
[ii]
Prevent any significant possibility of pollution,
increased flood levels or flows, or debris endangering life and property.
[4]
All hydrologic and hydraulic analyses shall be undertaken only
by professional engineers or others of demonstrated qualifications
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 Borough of Paxtang and the Pennsylvania Department of
Community and Economic Development.
(3)
Manufactured homes, manufactured home parks, expansion of existing
manufactured home parks.
H.
All allowable uses, including substantial and nonsubstantial improvements or repairs and uses allowed by waiver, shall comply with this chapter. Provisions of this chapter that provide standards for construction, elevation, floodproofing or other activities or development shall not be construed to imply that new construction or development is permitted in any identified floodplain area except as provided for in Subsection A.
A.
Residential structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated to 1.5 feet
above the base flood elevation.
(2)
In A Zones, 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 to 1.5 feet above the base flood elevation in accordance with § 220-18C(2)(b) of this chapter.
(3)
In AO Zones, any new construction or substantial improvement shall
have the lowest floor (including 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 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 to 405, as amended) shall be
utilized.
B.
Nonresidential structures.
(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 to 1.5 feet above the base flood elevation, or
be designed and constructed so that the space enclosed below 1.5 feet
above the base flood elevation:
(2)
In A Zones, 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 to 1.5 feet above the base flood elevation in accordance with § 220-18C(2)(b) of this chapter.
(3)
In AO Zones, any new construction or substantial improvement shall
have its 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
1.5 feet above the base 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 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 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. Allowable 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 600 square feet. The total amount of
floor area per lot for accessory uses is limited to 900 square feet
regardless of the number of such accessory structures. In addition,
all other applicable ordinances will apply in computing square footage
allowances.
(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 1.5 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 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.
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 vertical to two 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.
(6)
Be limited to only the amount needed for the intended use.
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 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.
(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 (Chapter 3) 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 1.5 feet above the base flood elevation.
F.
Storage. All materials that are buoyant, flammable and explosive or, in times of flooding, could be injurious to human, animal or plant life, and not listed in § 220-22G(1), Development which may endanger human life, shall be stored at or above 1.5 feet above the base 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, including manufactured homes, 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 1.5 feet above the base flood elevation
shall be securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the 1.5 feet above the base 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 1.5 feet above the base flood elevation
shall be of a marine or water-resistant variety.
(3)
Walls and ceilings at or below 1.5 feet above the base 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 1.5 feet above the
base 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 1.5 feet above the base
flood elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below 1.5 feet above the base 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 1.5 feet above the base 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 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:
International Building Code (IBC), 2009 or the latest edition
thereof: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
International Residential Building Code (IRC), 2009 or the latest
edition thereof: Secs R104, R105, R109, R323, Appendix AE101, Appendix
E and Appendix J.
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.
A.
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
B.
Installation of manufactured homes 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 U.S. Department of Housing and Urban Development's Permanent
Foundations for Manufactured Housing, 1984 Edition, draft or latest
revision thereto, shall apply and 34 Pa. Code Chapters 401 to 405.
C.
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 unit's proposed installation.
