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 Township
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.
Whenever a letter of map change is required to be submitted
to FEMA. The applicant shall enter into a professional services agreement
with Warrington Township, and the applicant shall prepare and submit
the letter of map change in conformance with FEMA requirements to
Warrington Township for review by the Township Engineer. Upon the
Township Engineer's recommendation, the Floodplain Administrator
shall submit the letter of map change to FEMA for approval. The applicant
shall reimburse Warrington Township for all fees paid to FEMA and
all review fees charged by the Township Engineer plus an administrative
fee of 10%.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
When a community 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 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 FEMA'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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
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.
[Amended 1-10-2017 by Ord. No. 2017-O-01]
D.
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.
E.
Within
any identified floodplain area, no new construction or development
shall be located within the area measured 50 feet landward from the
top-of-bank of any watercourse.
Within any identified floodplain area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Article VIII, then the following provisions apply:
A.
Residential structures.
(1)
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.
(2)
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 § 181-17C 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 401-405, as amended)
shall be utilized where they are more restrictive.
B.
Nonresidential structures.
(1)
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:
(2)
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 or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 181-17C of this chapter.
(3)
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.
(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 adopted by Warrington Township, and ASCE 24 and 34 Pa. Code
(Chapters 401-405, 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.
(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 shall be provided.
(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 will
be the minimum necessary to preserve the historic character and design
of the structure.
E.
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:
(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 192 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, 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 shall be provided.
(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.
(9)
For accessory structures that are 192 square feet or larger in area (footprint) and that are below the base flood elevation, a variance is required as set forth in Article VIII of this chapter. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
[Added 1-10-2017 by Ord.
No. 2017-O-01]
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A.
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:
(1)
Extend laterally at least 15 feet beyond the building
line from all points;
(2)
Consist of soil or small rock materials only; sanitary
landfills shall not be permitted;
(3)
Be compacted to provide the necessary permeability and
resistance to erosion, scouring, or settling;
(4)
Be no steeper than one vertical to two horizontal feet,
unless substantiated data justifying steeper slopes are submitted
to and approved by the Floodplain Administrator; and
(5)
Be used to the extent to which it does not adversely affect
adjacent properties.
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 more than one foot below the regulatory 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 § 181-24 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 a 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 401-405), 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:
Within any identified floodplain area, any structure of the
kind described in Subsection A below shall be prohibited, and no variance
shall be allowed.
A.
In accordance with the Pennsylvania Floodplain 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 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 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. The following list of materials and
substances are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides,
and rodenticides).
(18)
Radioactive substances, insofar as such substances
are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in identified floodplain areas 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. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply.
B.
Within any floodway area/district, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply.
C.
Within any identified floodplain area, manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any watercourse.
D.
Where permitted within any identified floodplain area,
all manufactured homes, and any improvements thereto, shall:
(1)
Be placed on a permanent foundation;
(2)
Be elevated so that the lowest floor of the manufactured
home is at least two feet above base flood elevation;
(3)
Be anchored to resist flotation, collapse, or lateral
movement; and
(4)
Equipment requirement:
[Amended 1-10-2017 by Ord. No. 2017-O-01]
(a)
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 and shall
be anchored to resist floatation, collapse, and lateral improvement.
(b)
Ductwork shall be elevated to or above the regulatory flood elevation
or floodproofed to remain water resistant.
E.
Installation of manufactured homes shall be done in
accordance with the manufacturers' 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 United States Department
of Housing and Urban Development's Permanent Foundations for
Manufactured Housing, 1984 Edition, draft or latest revision thereto,
and 34 Pa. Code Chapters 401-405 shall apply.
F.
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 the proposed unit's(s')
installation.
Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply:
