[Ord. 1030, 3/14/2016]
1.
Within any area of the Floodplain Conservation District, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless a permit is obtained
from the Department of Environmental Protection's regional office.
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 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 Borough shall, as per 44 CFR Part 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
Borough 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 Borough 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 Part and any other applicable
codes, ordinances and regulations.
[Ord. 1030, 3/14/2016]
1.
Residential Structures:
A.
In AE Zones, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated up to, or above,
the regulatory flood elevation. 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
401-405, as amended) shall be used.
2.
Nonresidential Structures:
A.
In AE 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:
B.
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.
C.
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 401-405, as amended) shall be used.
3.
Space Below the Lowest Floor:
A.
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.
B.
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed
the following minimum criteria:
(1)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(2)
The bottom of all openings shall be no higher than one foot
above grade.
(3)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
4.
Accessory Structures:
A.
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 100 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
or 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.
[Ord. 1030, 3/14/2016]
1.
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:
A.
Acetone.
B.
Ammonia.
C.
Benzene.
D.
Calcium carbide.
E.
Carbon disulfide.
F.
Celluloid.
G.
Chlorine.
H.
Hydrochloric acid.
I.
Hydrocyanic acid.
J.
Magnesium.
K.
Nitric acid and oxides of nitrogen.
L.
Pesticides (including insecticides, fungicides, and rodenticides).
M.
Petroleum products (gasoline, fuel, oil, etc.).
N.
Phosphorus.
O.
Potassium.
P.
Radioactive substances, insofar as such substances are not otherwise
regulated.
Q.
Sodium.
R.
Sulfur and sulfur products.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
2.
Within any Floodway Area/District, any structure of the kind described in Subsection 1 above shall be prohibited.
3.
Where permitted within the Floodplain Conservation District, any structure of the kind described in Subsection 1 above shall be:
4.
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" (United States Army Corps of Engineers,
June 1972, as amended March 1992) or with some other equivalent watertight
standard.
5.
Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this section.
[Ord. 1030, 3/14/2016]
1.
Within any area of the Floodplain Conservation District, the following
obstructions and activities shall be prohibited, and no variance shall
be granted:
[Ord. 1030, 3/14/2016]
1.
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.
2.
Water and Sanitary Sewer Facilities and Systems.
A.
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.
B.
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
C.
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.
D.
The design and construction provisions of the IRC and IBC and FEMA
No. 348, "Protecting Building Utilities From Flood Damages," and the
"International Private Sewage Disposal Code" shall be utilized.
3.
Streets. The finished elevation of proposed new streets shall be
no more than one foot below the regulatory flood elevation.
4.
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.
5.
Fill. 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, unless substantiated
data justifying steeper slopes are submitted to and approved by the
floodplain administrator.
E.
Be used to the extent to which it does not adversely affect adjacent
properties.
6.
Paints and Adhesives. Where located at or below the regulatory flood
elevation:
A.
Adhesives shall have a bonding strength that is unaffected by inundation
(i.e., marine or water-resistant quality).
B.
All wooden components (doors, trim, cabinets, etc.) shall be sealed
with a marine or water-resistant quality or similar product.
C.
Paints or other finishes shall be capable of surviving inundation
(i.e., marine, or water-resistant quality).
7.
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 § 27-509, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
8.
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 Part, to the extent that they are more restrictive
and supplement the requirements of this Part:
A.
International Building Code (IBC) 2009, or the latest edition adopted
by the UCC: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and
Appendix G.
B.
International Residential Building Code (IRC) 2009, or the latest
edition adopted by the UCC: Sections R104, R105, R109, R323, Appendix
AE101, Appendix E and Appendix J.
9.
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.
10.
Anchoring.
A.
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
B.
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.
11.
Floors. Walls and Ceilings.
A.
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.
B.
Plywood used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
C.
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.
D.
Windows, doors, and other components at or below the regulatory flood
elevation shall be made of metal or other water-resistant material.
13.
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.
14.
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.
[Ord. 1030, 3/14/2016]
1.
The provisions of this Part do not require any changes or improvements
to be made to lawfully existing structures. However, when an improvement
is made to any existing structure, the following provisions shall
apply:
A.
Existing structures located in a designated Floodway District or
area shall not be expanded or enlarged unless the effect of the proposed
expansion or enlargement on flood heights is fully offset by accompanying
improvements.
B.
No expansion or enlargement of an existing structure shall be allowed
within the AE Area/District without floodway that would, together
with all other existing and anticipated development, increase the
base flood elevation more than one foot at any point.
C.
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 constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this Part.
D.
Within any Floodway Area/District, no new construction or development
shall be allowed, unless a permit is obtained from the Department
of Environmental Protection's regional office.
E.
Within any AE Area/District without floodway, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless a permit is obtained
from the Department of Environmental Protection's regional office.
[Ord. 1030, 3/14/2016]
All subdivision proposals and development proposals containing
at least 10 lots or at least one acre, whichever is the lesser, in
the Floodplain Conservation District 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 or letter of map revision. Submittal requirements and
processing fees shall be the responsibility of the applicant.
