Borough of Adamstown, 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.

When Borough of Adamstown 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 applicant shall (as per 44 CFR 65.12):

Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.

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.

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.

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.

Permitted uses.

Agricultural, horticultural and forestry uses, excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.

Public and private parks and recreation areas, excluding swimming pools, campsites and any structures. Picnic tables, park benches, fireplaces, grills and playground equipment shall be permitted, if anchored to prevent flotation.

Activities related to the preservation and conservation of natural resources and amenities, excluding any structures.

Stream improvements, fish and farm ponds, dams, or stream relocations, as approved by the Pennsylvania Department of Environmental Protection.

(5)

Erosion and sedimentation control measures and stormwater management, facilities and structures, provided that no increase in flood heights or frequency, unhealthful ponding, or other unsanitary conditions shall occur.

(6)

Yards and open space areas.

(7)

One- and two-strand fences.

(8)

Grading and filling which would not increase the base flood elevation.

Special exceptions. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board in conformance with Article XII of Chapter 320, Zoning, and other provisions of the Zoning Ordinance and this stand-alone ordinance.

Water-oriented uses and structures, fish hatcheries, and water-monitoring devices.

Culverts, bridges and the approaches to such culverts and bridges, as approved by the Pennsylvania Department of Environmental Protection.

Parking lots, loading areas, driveways, and any other paved-at-grade surfaces.

Floodproofing and flood-hazard-reduction structures for nonconforming uses and structures.

(5)

Improvements and/or additions to existing structures within the FP Floodplain District.

§ 140-22 Elevation and floodproofing requirements.

With the exception of the permitted uses listed in § 140-21D above, any new construction or substantial improvements shall be prohibited within any identified floodplain area. 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 of this chapter and the Township Zoning Ordinance, then the following provisions apply:

Residential structures.

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.

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 § 140-17C of this chapter.

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 to 405, as amended) shall be utilized where they are more restrictive.

Nonresidential structures.

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:

Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and

Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

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 § 140-17C 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 "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.

Space below the lowest floor.

Basements are prohibited.

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.

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 minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

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 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.

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:

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.

Floor area shall not exceed 200 square feet.

The structure will have a low damage potential.

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 minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

§ 140-23 Design and construction standards.

The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

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:

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;

(d)

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

(e)

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

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.

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 waste disposal system shall be located within any identified floodplain area.

The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities from Flood Damages," and the International Private Sewage Disposal Code shall be utilized.

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.

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

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 § 140-24, Development which may endanger human life, shall be prohibited.

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.

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.

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.

Floors, walls and ceilings.

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.

Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

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.

Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

Paints and adhesives.

Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.

Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

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.

Electrical components.

Electrical distribution panels shall be at least three feet above the base flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

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.

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.

Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 to 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 thereof adopted by the State of Pennsylvania: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

International Residential Building Code (IRC) 2009, or the latest edition thereof adopted by the State of Pennsylvania: Secs. R104, R105, R109, R322, Appendix E and Appendix J.

§ 140-24 Development which may endanger human life.

Within any identified floodplain area, any structure of the kind described in Subsection B below shall be prohibited. No variance shall be granted.

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 shall be prohibited 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