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 first been 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 the Pennsylvania Department of Community and
Economic Development shall be notified prior to any alteration or
relocation of any watercourse.
B.
When the Borough of Upland proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or any development occurring in Zones A1-30 and Zone
AE without a designated floodway, which will cause a rise of more
than one foot in the base flood elevation; or alteration or relocation
of a stream (including but not limited to installing culverts and
bridges), the Borough of Upland shall (as per 44 CFR 65.12):
(1)
Apply to FEMA for conditional approval of such action prior to permitting
the encroachments to occur.
(2)
Upon receipt of the FEMA Administrator's conditional approval
of map change and prior to approving the proposed encroachments, the
Borough of Upland shall provide evidence to FEMA of the adoption of
floodplain management chapters incorporating the increased base flood
elevations and/or revised floodway reflecting the post-project condition.
(3)
Upon completion of the proposed encroachments, a community shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR 67.
(4)
The applicant is responsible for any fees associated with this application/process.
C.
Any new construction, development, uses or activities allowed within
any identified special flood hazard area shall be undertaken in strict
compliance with the provisions contained in this chapter and any other
applicable codes, ordinances and regulations.
D.
Within any special flood hazard area, no new construction or development
shall be located within the area measured 50 feet landward from the
top-of-bank of any watercourse.
[Amended 10-13-2015 by Ord. No. 4-2015]
Within any special flood hazard area, any permitted new construction
or substantial improvements shall be accomplished in such a way that
the following provisions apply:
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 up to, or
above, the regulatory flood elevation (BFE).
(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 up to, or above, the regulatory flood elevation determined in accordance with § 90-19C of this chapter.
(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 latest edition thereof adopted by the
State of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 through
405, as amended) shall be utilized, where they are more restrictive.
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 up to, or above, the regulatory flood elevation,
or be designed and constructed so that the space enclosed below the
regulatory flood elevation (BFE):
(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 up to, or above, the regulatory flood elevation determined in accordance with § 90-19C of this chapter.
(3)
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation (BFE) 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.
(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 latest edition thereof adopted by the
State of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 through
405, as amended) shall be utilized, where they are more restrictive.
C.
Space below the lowest floor.
(1)
Basements are prohibited.
(2)
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.
(3)
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, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
D.
Historic structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement, as defined in this
chapter, must comply with all chapter requirements that do not preclude
the structure's continued designation as a historic structure.
Documentation that a specific ordinance requirement will cause removal
of the structure from the National Register of Historic Places or
the State Inventory of Historic Places must be obtained from the Secretary
of the Interior or the State Historic Preservation Officer. Any exemption
from chapter requirements will be the minimum necessary to preserve
the historic character and design of the structure.
E.
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 200 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,
collapse, and lateral 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. Within any special flood hazard area, the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply. 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 the Borough Engineer; 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 storm water 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 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 waste disposal 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 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 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 § 90-26, Development which may endanger human life, shall be stored at or above the regulatory flood elevation/BFE or floodproofed to the maximum extent possible.
G.
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar objects
or components located below the regulatory flood elevation/BFE shall
be securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation/BFE
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/BFE shall
be of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation/BFE
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/BFE 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/BFE
shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation/BFE shall
be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at or below
the regulatory flood elevation/BFE shall be finished with a marine
or water-resistant paint or other finishing material.
L.
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation/BFE.
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 through 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 supplement the requirements of
this chapter.
(1)
International Building Code (IBC) 2009 or the latest edition thereof
adopted by the State of Pennsylvania: Sections 801, 1202, 1403, 1603,
1605, 1612, 3402, and Appendix G.
(2)
International Residential Building Code (IRC) 2009 or the latest
edition thereof adopted by the State of Pennsylvania: Sections R104,
R105, R109, R322, Appendix E, and Appendix J.
Within any special flood hazard area, any structure of the kind described in Subsection A below shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply (Subsections B, C, and D):
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 materials or substances, or will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises, or will involve
the production, storage, or use of any amount of radioactive substances
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
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 special flood hazard area, any new or substantially improved structure of the kind described in Subsection A above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
C.
Within any Floodway Area, any structure of the kind described in Subsection A above shall be prohibited. Where permitted within any special flood hazard area, any new or substantially improved residential structure of the kind described in Subsection A above shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation (BFE) and built in accordance with §§ 90-23, 90-24 and 90-25.
D.
Where permitted within any special flood hazard area, any new or substantially improved nonresidential structure of the kind described in Subsection A above shall be built in accordance with §§ 90-23, 90-24 and 90-25, including Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; and Designed to prevent pollution from the structure or activity during the course of a base flood.
(1)
Any such structure, or part thereof, that will be built below the
regulatory flood elevation (BFE) 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.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in special 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
and letter of map revision. Submittal requirements and processing
fees shall be the responsibility of the applicant.
A.
Within any identified floodplain area, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply.
B.
Within any Floodway Area/District, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply.
C.
Within any special flood hazard area 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 special flood hazard area, all manufactured
homes, and any improvements thereto, shall be:
(1)
Placed on a permanent foundation;
(2)
Elevated so that the lowest floor of the manufactured home is at
least 1 1/2 feet above base flood elevation;
(3)
Anchored to resist flotation, collapse, or lateral movement; and
(4)
Have all ductwork and utilities, including HVAC/heat pump, elevated
to the regulatory flood elevation.
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 through 405
shall apply.
F.
Consideration shall be given to the installation requirements of
the 2009 IBC and the 2009 IRC, or the latest edition thereto, adopted
by the State of Pennsylvania, 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 proposed
unit(s) installation.
Within any special flood hazard area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply:
