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's 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 Denver 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):
(1)
The applicant shall (as per 44 CFR Part 65.12) apply to FEMA for
conditional approval of such action prior to permitting the encroachments
to occur.
(2)
Upon receipt of the Administrator's conditional approval of
map change and prior to approving the proposed encroachments, a community
shall provide evidence to FEMA of the adoption of floodplain management
ordinances 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 Part
67.
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.
D.
Permitted uses. The following uses are permitted by right in the
floodplain area, and they are permitted only if done under and in
accordance with the provisions of all other local, state and federal
laws and provisions. The applicant shall demonstrate that the proposed
use does not increase the height or frequency of floodplain water;
will be installed so as to withstand the maximum volume, velocity,
and force of floodplain water; will be flood- and flotation-proof;
will not create unhealthy or unsanitary conditions; and will not degrade
the quality of surface water or the quality of groundwater.
(1)
Agriculture, horticulture, and forestry, all excluding any structures,
and excluding any grading or filling which would cause any increase
in flood heights or frequency.
(2)
Erosion and sedimentation control measures, facilities and structures,
provided that no increase in flood heights or frequency, unhealthful
ponding, or other unsanitary conditions shall occur.
(3)
Public and private recreational uses, such as parks, swimming areas
(excluding swimming pools), play areas, day camps, campgrounds (excluding
campsites), picnic groves, lawns, gardens, golf courses, driving ranges,
archery ranges, game farms, areas or clubs for hunting, fishing, and/or
boating (including marker or anchor buoys), paved bicycle paths, and
hiking and horseback riding trails, all excluding any structures,
and excluding any grading or filling which would cause any increase
in flood heights or frequency.
(4)
Harvesting of any wild crop, such as marsh hay, ferns, moss, berries,
tree fruits and seeds, or wild rice, excluding any plants appearing
on the latest edition of the United States List of Endangered and
Threatened Plant Species maintained by the United States Fish and
Wildlife Service.
(5)
Activities related to the preservation of natural amenities, including
wildlife sanctuaries, nature preserves, woodland preserves, botanical
gardens, arboretums or blinds for the observation of wildlife (provided
that no increase in flood heights or frequency, unhealthful ponding,
or other unsanitary conditions shall occur), excluding any other structures,
and excluding any grading or filling which would cause any increase
in flood heights or frequency.
(6)
Open space and front, side, or rear yards required by other sections
of the Zoning Ordinance or any other sections of this chapter. Floodplain
land may be used to meet minimum open space, yard and lot area requirements,
provided that the purpose and intent of this chapter, together with
the requirements of any other pertinent municipal regulations, are
complied with; if such compliance cannot be shown, the land areas
within the floodplain area shall not be used or calculated for purposes
of meeting lot open space, area, or yard requirements.
(7)
Stream improvements whose sole purpose is to improve aquatic life habitat, and which are approved by the Pennsylvania Fish Commission and reviewed by the Lancaster County Conservation District, and subject to the provisions of § 114-21A(1) and (2) of this chapter.
(8)
One- or two-strand fences.
(9)
Picnic tables, park benches, fireplaces and grills, and playground
equipment, all if anchored to prevent flotation.
(10)
Blinds for the shooting of wildlife, provided that such blinds
may only be placed, erected, and maintained during the open season
established by the Pennsylvania Game Commission for the taking of
migratory waterfowl and the three weeks immediately preceding that
open season and the three weeks immediately following that open season.
Blinds must be removed during all other times of the year.
(11)
Circuses, carnivals, and similar transient enterprises, provided
that natural vegetative ground cover is not destroyed, removed, or
covered in such a way as to create erosion or sedimentation.
(12)
Farm ponds that are constructed in accordance with a conservation plan reviewed by the Lancaster County Conservation District and which do not create any increase in flood heights or frequency, and subject to the provisions of § 114-21A(1) and (2) of this chapter.
(13)
Floodproofing and flood hazard reduction structures to protect
only lawfully existing and registered nonconforming structures and
lawfully existing and registered nonconforming uses within structures.
(14)
Public utility facilities (except buildings) under the exclusive jurisdiction of the Pennsylvania Public Utility Commission and specifically exempted from control by municipal zoning ordinances, subject to the provisions of § 114-23D.
(15)
Marker buoys.
(16)
Stream restoration work, including, but not limited to: efforts
to control erosion and sedimentation; floodplain management techniques;
efforts to promote groundwater recharge; efforts to lower flood stages;
efforts to reduce nutrient loads; and the placement of in-stream habitat
structures to improve fisheries habitats.
(17)
Groundwater recharge and/or nutrient reduction facilities.
(18)
Ponds and created wetlands.
E.
Special exception uses. The following uses are permitted in the floodplain
area only when special exceptions are granted by the Zoning Hearing
Board as provided for herein, when permitted by the underlying zoning
district as permitted uses or special exception uses, and when done
under and in accordance with all other local, state and federal provisions:
(1)
Parking lots, loading areas, driveways, and aircraft landing strips and taxiways, if they are water-permeably surfaced, and if they are not listed in Article VI of this chapter, except that parking lots designed or used for storage and parking lots for hotels, motels, and other transient lodgings are prohibited.
(2)
Water-oriented uses, such as docks, piers, wharves, marinas, boat
liveries, and boat launching ramps.
(3)
Public utility facilities not under the exclusive jurisdiction of the Pennsylvania Public Utility Commission, subject to § 114-23D of this chapter.
(4)
Fish hatcheries, including uncovered ponds and raceways, which are
approved by the Pennsylvania Fish Commission, but excluding other
structures.
(5)
Water monitoring devices.
(6)
Culverts, bridges, and approaches to public and private culverts
and bridges which meet all of the following conditions:
(a)
Review and/or approval by the Lancaster County Planning Commission,
if required.
(b)
Approval by the Susquehanna River Basin Commission, if required.
(c)
Approval by the PA DEP, if required.
(d)
Approval by the United States Army Corps of Engineers, if required.
(e)
Approval by PennDOT, if required.
(f)
If approval by PennDOT is not required, the proposed use must
still meet all of the appropriate minimum design standards of PennDOT.
(g)
The proposed structure must be designed in such a way as to
have the capacity to allow the unrestricted passage of waters of maximum
flood elevation below and through it without any upstream or downstream
increase in water surface elevation.
(7)
Extraction of sand, gravel, and other mineral resources, excluding
topsoil.
(8)
Other uses similar to the above, provided that the use will not reduce
the cross-sectional area of the floodplain.
F.
Standards and criteria for special exceptions. In addition to the
provisions of this chapter, in hearing and deciding upon special exceptions
to be granted or denied under the provisions of this chapter, the
Zoning Hearing Board shall also determine that the following standards
and criteria have been complied with:
(1)
That danger to life and property due to increased flood heights,
velocities, or frequencies caused by encroachments is minimized.
(2)
That the danger that floodwaters or materials may be swept onto other
lands or downstream to cause injury to others is minimized.
(3)
That the possibility of disease, contamination, and unsanitary conditions
is minimized and especially that any proposed water supply or sanitation
systems are able to prevent these problems.
(4)
That the susceptibility of the proposed facility and its contents
to flood damage, the effect of such damage on the individual owners,
and the need for and effect of floodproofing are minimized.
(5)
That the proposed facility and its services are important to the
community.
(6)
That the proposed facility needs a waterfront or floodplain location.
(7)
That there are no available alternate locations not subject to flooding
for the proposed use.
(8)
That the proposed use is compatible with existing and anticipated
development.
(9)
That the proposed use is consistent with the Comprehensive Plan and
any floodplain management program for the area.
(10)
That the safety of access to the property in times of flooding
for ordinary and emergency vehicles is assured.
(11)
That the expected area, height, depth, velocity, pressure, frequency,
duration, rate of rise, seasonality, and sediment, debris, and pollutant
load of floodwaters expected at the site is not inconsistent with
the proposed use.
(12)
That the proposed activity will not unduly alter natural water
flow or water temperature.
(13)
That archeological or historical sites and structures, endangered
or threatened species of animals or plants, high-quality wildlife
habitats, scarce vegetation types, and other irreplaceable land uses
will not be degraded or destroyed.
(14)
That the natural, scenic, and aesthetic values at the proposed
site will be conserved.
(15)
That the danger, damage, and injury to all adjoining properties
on both sides of any watercourse, regardless of municipality, are
minimized. In this regard, any proposal affecting an adjacent municipality
shall be submitted to that municipality's Planning Commission
and governing body for review and comment.
(16)
That the granting of the special exception will not result in
any of the following:
(17)
In hearing and deciding upon special exceptions to be granted or denied under the provisions of this chapter, the burden of proof shall be on the applicant. The Zoning Hearing Board may require the applicant to submit plans, specifications, and other information as it may deem necessary to assist it in arriving at a fair and impartial determination. Such required information may include but is not limited to § 114-10 of this chapter.
(18)
In granting any special exception, the Zoning Hearing Board
may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter or the Borough Zoning Ordinance,
as it may deem necessary to implement the purposes of this chapter.
(19)
Fees for special exceptions assessed by the applicant, whether
for a hearing, a flood study, or any other purpose, shall not exceed
those costs directly associated with the particular application.
Within any identified floodplain area, any new construction or substantial improvements, other than permitted and special exception uses listed in § 114-21D and E above, shall be prohibited. If a variance or special exception is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Article VIII, then 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.
(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 § 114-17C 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 401-405,
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:
(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 § 114-17C of this chapter.
(3)
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
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 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 401-405,
as amended) shall be utilized, where they are more restrictive.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (including basements)
is prohibited. No variance shall be granted.
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 an historic structure.
Documentation that a specific chapter 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 identified floodplain 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:
(1)
If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(d)
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
(e)
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 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.
Public utility facilities and structures. Public utility facilities
and structures (except buildings) subject to the jurisdiction of the
Pennsylvania Public Utility Commission are requested to comply with
the following standards in the interest of achieving the purpose and
intent of this chapter:
(1)
Public utility facilities and associated structures, such as pipelines,
gas lines, storm sewers, sanitary sewers, water lines, outlet installations
for sewage treatment plants, sealed public and private water supply
wells, pumping stations, and underground communications facilities,
should, except for necessary vents, be designed and installed underground
so as to be at or below the existing natural surface grade within
the floodplain, and in such a manner as will prevent flotation, minimize
or eliminate flood damage, and not alter the cross-sectional area
of the floodplain. All gas lines should have a system of shutoff valves
for service to the floodplain area to allow positive control during
flood emergencies.
(2)
Public utility electrical distribution lines and supporting structures
should be installed so as to minimize or eliminate flood damage, and
all lines of less than 15 kilovolts shall be installed underground
below the existing natural surface grade within the floodplain. Aboveground
electrical distribution and transmission lines of 15 kilovolts or
more may be allowed above ground as a special exception. All should
be designed to meet the following standards:
(a)
Aboveground lines and supporting structures should enter the
floodplain area only to cross a watercourse and the floodplain area
using the most direct and shortest route possible consistent with
the goals, objectives, purposes and intents of this chapter; should
make the minimum number of crossings necessary; and should be designed
and installed so as to minimize or eliminate flood damage.
(b)
Aboveground lines should be elevated so that their lowest portions
are a minimum of 10 feet above the maximum flood elevation.
(c)
Supporting structures for aboveground lines within the floodplain
area should be the minimum number necessary to carry the lines across
the floodplain area. Supporting structures should be designed and
installed so as to be able to withstand the maximum volume, velocity,
and force of floodwaters which can be expected at the point where
they are located.
(d)
Facilities and service in the floodplain area should be designed
so that flood damage within the district does not disrupt service
outside the district.
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 § 114-24, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or be 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 floodwaters.
H.
Anchoring. All structures, including buildings, air ducts, large
pipes, and storage tanks, within the floodplain area shall be firmly
anchored to prevent flotation, movement or collapse, thus reducing
the possibility of the blockage of bridge openings and other restricted
sections of the watercourse.
I.
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.
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.) used at or below
the regulatory flood elevation 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.
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 401-405), 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 identified floodplain area, any structure of the
kind described in Subsection A below shall be prohibited. No variance
shall be granted.
A.
In accordance with the Pennsylvania Flood Plain Management Act, 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
prohibited. 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.
All subdivision proposals and development proposals in identified
floodplain 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. No variance shall be granted.
Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply:
