Township of Limerick, PA Technical Provisions

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.

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.

In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

Technical or scientific data shall be submitted by the applicant to FEMA for a letter of map revision (LOMR) as soon as practicable but within six months of any new construction, development, or other activity resulting in changes in the BFE. The situations when a LOMR, or conditional letter of map revision (CLOMR) are required:

Any development that causes a rise in the base flood elevations within the floodway; or

Any development occurring in 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).

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.

§ 89-10 Elevation and floodproofing requirements.

Residential structures.

In the AE Area/District, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.

In an A Area/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 up to, or above the regulatory flood elevation determined in accordance with § 89-5C of this chapter.

Nonresidential structures.

In the AE Area/District, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory 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.

In an A Area/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 up to, or above the regulatory flood elevation determined in accordance with § 89-5C of this chapter.

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 "Floodproofing 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.

Space below the lowest floor. 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.

§ 89-11 Development which may endanger human life.

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 which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume, or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises 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:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

(12)

Pesticides (including insecticides, fungicides, and rodenticides).

(13)

Petroleum products (gasoline, fuel, oil, etc.).

(14)

Phosphorus.

(15)

Potassium.

(16)

Radioactive substances, insofar as such substances are not otherwise regulated.

(17)

Sodium.

(18)

Sulfur and sulfur products.

[1]

Editor's Note: See 32 P.S. § 679.101 et seq.

Within any Floodway Area District, any structure of the kind described in Subsection A above shall be prohibited.

Where permitted within any identified floodplain area, any structure of the kind described in Subsection A above shall be:

Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the base flood elevation; and

Designed to prevent pollution from the structure or activity during the course of a base flood.

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 "Floodproofing Regulations" (United States Army Corps of Engineers, June 1972, as amended March 1992) or with some other equivalent watertight standard.

Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this section.

§ 89-12 Activities and obstructions prohibited.

[Amended 6-21-2016 by Ord. No. 369]

Within any identified floodplain area, the following obstructions and activities shall be prohibited, and no variance shall be granted:

The construction, placement, enlargement or expansion of any structure used or intended to be used for any of the following:

Hospitals (public or private).

Nursing homes (public or private).

Jails or prisons.

(4)

Single manufactured homes.

The commencement of or any construction of a manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.

§ 89-13 Design and construction standards.

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 drainage at all points 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.

Water and sanitary sewer facilities and systems.

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.

Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

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."

Streets. The finished elevation of proposed new streets shall be no more than one foot below the regulatory flood elevation.

Utilities. All utilities, such as gas lines and electrical and telephone systems, being placed in flood-prone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

Fill. If fill is used, it shall:

Extend laterally at least 15 feet beyond the building line from all points.

Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.

Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.

(4)

Be no steeper than one vertical to two horizontal, unless substantiated data justifying steeper slopes is submitted to and approved by the Floodplain Administrator.

(5)

Be used to the extent to which it does not adversely affect adjacent properties.

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 § 89-11, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.

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.

International Building Code (IBC) 2009 or the latest edition adopted by the UCC: Secs. 801, 1203.3.2, 1403, 1603, 1605, 1612, 3403, 3404, 3405, and Appendix G.