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 Township proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway, or alteration or relocation of a stream, including but not limited to installing culverts and bridges, within identified floodplain A or AE District (refer to § 92-18B and C), the applicant 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 Administrator's conditional approval of
map change and prior to approving the proposed encroachments, the
Township 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, the Township 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.
Within any identified floodplain area (refer to § 92-18), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, except for roads, driveways, trails, and utility crossings where the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
Within any identified floodplain area, any new residential and nonresidential structures or substantial improvements to such residential and nonresidential structures shall be prohibited. If a variance is obtained for new construction or substantial improvements to residential and nonresidential structures in the identified floodplain area in accordance with the criteria in Article VIII, then the following provisions apply:
A.
Residential structures when permitted pursuant to a variance granted
by the Zoning Hearing Board:
(1)
In the AE District, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to or
above the regulatory flood elevation.
(2)
In the A District, 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 § 92-18 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 most recent revisions thereof, and
ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall
be utilized, where they are more restrictive.
B.
Nonresidential structures, including nonresidential accessory structures,
when permitted pursuant to a variance granted by the Zoning Hearing
Board:
(1)
In the AE District, any new construction or substantial improvement
of a nonresidential structure, including a nonresidential accessory
structure, shall have the lowest floor (including basement) elevated
to or above the regulatory flood elevation or be designed and constructed
so that the space enclosed below the regulatory flood elevation:
(a)
Is floodproofed so that the structure is watertight, with walls
substantially impermeable to the passage of water; and
(b)
Has structural components with the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(c)
Is certified by a registered professional/architect that the
design and methods of construction meet requirements of Title 44,
Section 603, Subpart A, Requirements for Floodplain Management Regulations.
(2)
In the A District, 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 or above the regulatory flood elevation determined in accordance with § 92-18 of this chapter.
(3)
Any nonresidential structure, including any nonresidential accessory
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 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 most recent revisions thereof, 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)
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 but does
not include basements.
(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, 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 ordinance requirements that do not preclude the structure's continued designation as an 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 ordinance requirements shall be obtained from the Zoning Hearing Board in accordance with the criteria set forth in Article VII and will be the minimum necessary to preserve the historic character and design of the structure.
E.
Residential accessory structures. Structures accessory to a principal
residential 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; and
(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.
Within any identified floodplain area, the use of fill shall be prohibited.
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.
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 less
than one foot above the base 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 § 92-25, Development that may endanger human life, shall be stored at or above the regulatory flood elevation 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 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 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 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:
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 listed below on
the premises; or will be used for any activity requiring the maintenance
of a supply of more than 300 gallons, or other comparable volume,
of any of the following dangerous materials or substances listed below
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, including
provisions regarding the anchoring of freestanding structures as set
forth in the applicable building codes. The following is a list of
materials and substances that are considered dangerous to human life:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Pesticides (including insecticides, fungicides, and rodenticides)
| |
|
Petroleum products (gasoline, fuel oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
| |
|
Sodium
| |
|
Sulphur and sulphur products
|
B.
Within any identified floodplain 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 identified floodplain 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 and built in accordance with §§ 92-22, 92-23 and 92-24.
D.
New or substantially improved structure within any identified floodplain
area.
(1)
(2)
Any such structure, or part thereof, that will be built below the
regulatory 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.
All subdivision proposals and development proposals in the A District and Township-identified flood hazard areas (refer to § 92-18C and D) 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 unless permitted pursuant to a variance granted by the Zoning Hearing Board in accordance with the criteria set forth in Article VIII of this chapter.
B.
Where permitted within any identified floodplain area pursuant to
a variance granted by the Zoning Hearing Board, 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.
C.
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, and 34 Pa. Code Chapters 401 through 405
shall apply.
D.
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 installation of the proposed
unit(s).
The storage of recreational vehicles shall be prohibited within
any identified floodplain area.
