[Ord. 738, 8/18/2009]
Areas of lot designated as being floodprone should be encouraged for parking, outdoor storage of non-flammables, non-liquid, non-buoyant materials, or planted buffer area. Such areas may be used for all other permitted uses within the Zoning District where located when such use is in strict compliance with the requirements of this Ordinance.
A. Identification.
(1) Flood-prone areas (floodplain areas) shall be any areas of the applicable Borough which are identified as Zone A (area of special flood hazard) on the current Flood Insurance Rate Map (FIRM) as issued by the Federal Emergency Management Agency (FEMA) dated October 4, 1995, and any revision thereto.
(2) Determination of the Regulatory Flood Elevation. For the purposes of this Ordinance, the regulatory flood elevation, i.e., the one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet shall be used. When available, information from other Federal, State and other acceptable sources shall be used to determine the one-hundred-year flood elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year flood elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question. In helping to make this necessary elevation determination, other sources of data, where available, shall be used such as:
(a) Corps of Engineers — Floodplain Information Reports.
(b) U.S. Geological Survey — Flood Prone Quadrangles.
(c) U.S.D.A., Natural Resource Conservation Service — County Soil Surveys (Alluvial Soils).
(d) Known high-water marks from past floods.
(e) In lieu of the above, the applicable Borough may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. 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.
(3) Changes in Designation of Area(s). The delineation of any of the identified floodprone area(s) may be revised by the applicable Borough Council where natural or man-made changes have occurred and/or where more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, river basin commission or other qualified agency or individual documents the notification for such changes. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
(4) Boundary Disputes. Should a dispute concerning any district boundary arise, an initial determination shall be made by the Joint Borough Planning Commission and any party aggrieved by this decision may appeal to the applicable Zoning Hearing Board. The burden of proof shall be on the appellant.
B. Application Procedures. All applications for building permits, proposed subdivisions, or other development located within or adjacent to any identified floodplain areas, shall, in addition to all other required information, provide the specific information described herein.
(1) A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other floodprone development or structures, and the location of any existing or proposed stream improvements of protective works. The plan shall show:
(a) All such proposals are consistent with the need to minimize flood damage.
(b) All utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated, and constructed to minimize or eliminate flood damage.
(c) Adequate drainage is provided so as to reduce exposure to flood hazards.
(d) Existing and proposed contours; information concerning one-hundred-year flood elevations, and other applicable information such as uplift forces, associated with the one-hundred-year flood; size of structures, location and elevation of streets, water supply and sanitary sewage facilities; soil types; and floodproofing measures.
(e) Adequate information demonstrating the flood carrying capacity of any affected water course whether or not it is to be altered.
(f) Prior to any proposed alteration or relocation of any stream or any watercourse, etc., within the applicable Borough, a permit shall be obtained from the Department of Environmental Resources, Dams and Encroachment Division, as specified in the Water Obstruction Act of 1913, as amended.
(g) Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
(h) Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.
(2) Applications for a building permit shall show the elevation of the lowest floor (including basement) based upon National Geodetic Vertical Datum of 1929.
(3) A document certified by a registered professional engineer or architect that the proposed construction has been adequately designed against flood damage and that the plans for development of the site adhere to the restrictions cited in this Ordinance. Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design, and the level to which any structures have been floodproofed.
C. Specific Design Requirements.
(1) Structures.
(a) All buildings and structures and substantial improvements thereto 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 height of flood waters.
(b) All buildings and structures and substantial improvements thereto shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.
(c) Within any identified flood-prone area, the elevation of the lowest floor (including basement) of residential structures shall be at or above the regulatory flood elevation.
(d) Within any identified flood-prone area, the elevation of the lowest floor (including basement) of nonresidential structures shall be at or above the regulatory flood elevation or be flood-proofed up to that height.
(e) Any structure, or part thereof, which is not elevated to the regulatory flood elevation, shall be floodproofed in a completely or essentially dry manner 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 referenced standards.
(f) Fully or partially enclosed space below the lowest floor (including basement) is prohibited.
(g) Floors, Walls and Ceilings.
(i) Wood flooring 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.
(ii) Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water resistant" variety.
(iii) 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.
(iv) Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other "water resistant" material.
(h) Paints and Adhesives.
(i) Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or "water-resistant" quality.
(ii) Adhesives used at or below the regulatory flood elevation shall be of a "marine" or "water resistant" variety.
(iii) All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or "water-resistant" paint or other finishing material.
(2) Utilities.
(a) All new or replacement sanitary sewage systems, water, gas, and oil supply systems shall be designed to prevent infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.
(b) All stationary mechanical equipment such as water heaters, furnaces, air conditioning and ventilating systems shall be located above the regulatory flood elevation.
(c) Electrical distribution panels shall be at least three feet above the regulatory flood elevation. Separate electrical circuits shall serve lower levels and shall be dropped from above.
(d) No part of any on site sewage disposal system shall be located within any identified flood prone area.
(3) No materials that are buoyant, flammable, explosive, or in time of flooding, could be injurious to human, animal, or plant life, shall be stored below the regulatory flood elevation.
(4) The finished elevation of proposed new streets shall be no less than the regulatory flood elevation.
D. Existing Structures in Identified Floodprone Areas. Structures existing in any identified floodprone area prior to the enactment of this Ordinance, but which are not in compliance with these provisions, may continue to remain subject to the following:
(1) Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(2) Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this Ordinance.
(3) No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred-year flood.
E. Prohibited Activities Within a Floodplain Area. Within any identified floodplain area the following shall be prohibited:
(1) The construction, development or operation of any hospital, nursing home or related care facility; jail or prison, mobile homes and/or mobile home parks.
(2) Any other construction or development which may endanger human life.
(3) Any construction or development which would include in its use or operation the production, use of or storage of any dangerous material or substance such as listed below but not limited thereto:
(k) Nitric acid and oxides of nitrogen.
(l) Petroleum products (gasoline, fuel oil, etc.).
(p) Sulfur and sulfur products.
(q) Pesticides (including insecticides, fungicides and rodenticides).
(r) Radioactive substances, insofar as such substances are not otherwise regulated.
F. Variances. If compliance with any of the requirements of this Ordinance would result in an exceptional hardship to a landowner or developer, the applicable Borough may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered in accordance with the procedures contained in the MPC and the following:
(1) No variance shall be granted to allow any of the prohibited activities or for any of the other requirements pertaining specifically to development which may endanger human life.
(2) No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.
(3) In reviewing any request for a variance, the applicable Borough shall consider, at a minimum, the following:
(a) There is good and sufficient cause.
(b) Failure to grant the variance would result in exceptional hardship to the applicant.
(c) The granting of the variance will (i) neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense; (ii) nor create nuisances, cause fraud on or victimize the public, or conflict with any other applicable State or local ordinances and regulations.
(d) Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
(4) Whenever a variance is granted, the applicable Borough shall notify the applicant in writing that:
(a) The granting of the variance may result in increased premium rates for flood insurance.
(b) Such variances may increase the risks to life and lot.
(5) A complete record of all variance requests and related actions shall be maintained by the applicable Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.