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 Borough and until
all required permits or approvals have first been obtained from the
DEP 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. It shall be the burden of the applicant seeking to relocate
or alter a waterway to provide all necessary studies and make all
required submissions to DEP, FEMA and DCED.
(3)
FEMA and DCED shall be notified prior to any alteration or relocation
of any watercourse.
B.
If an applicant desires to obtain a variance or approval to enable
any of 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 BFE; 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 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 BFEs 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 chapter and any other applicable
codes, ordinances and regulations.
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 BFEs 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 § 171-22C.
(3)
The design and construction standards and specifications contained
in the UCC and ASCE 24 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 no BFEs 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 § 171-22C.
(3)
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the WI 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.
(4)
The design and construction standards and specifications contained
in the UCC and ASCE 24 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.
(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 requirements of this chapter that do
not preclude the structure's continued designation as an historic
structure. Documentation that a specific requirement of this chapter
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 requirements of this chapter
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 200 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.
(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.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A.
Fill. 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.
(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. 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.
(1)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(2)
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.
(3)
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 § 171-24, Development which may endanger human life, 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 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 in the UCC 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 § 171-24A shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then § 171-24B shall apply.
A.
In accordance with the Pennsylvania Flood Plain Management Act, and
the regulations adopted by the DCED as required by such 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.
B.
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 171-24A shall be built in accordance with §§ 171-21, 171-22 and 171-23, including:
(1)
Elevated, or designed and constructed to remain completely dry up
to at least 1 1/2 feet above BFE and designed to prevent pollution
from the structure or activity during the course of a base flood.
(2)
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 (U.S. Army Corps of Engineers,
June 1972 as amended March 1992), or with some other equivalent watertight
standard.
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 BFE data are not available, shall
be supported by hydrologic and hydraulic engineering analyses that
determine BFEs 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.
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:
A.
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
(1)
Placed on a permanent foundation.
(2)
Elevated so that the lowest floor of the manufactured home is at
least 1 1/2 feet above BFE.
(3)
Anchored to resist flotation, collapse, or lateral movement.
(4)
Have all ductwork and utilities including HVAC/heat pump elevated
to the regulatory flood elevation.
B.
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 "U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto, and the UCC shall apply.
C.
Consideration shall be given to the installation requirements of
the UCC where appropriate and/or applicable to units where the manufacturers'
standards for anchoring cannot be provided or were not established
for the proposed unit(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, recreational vehicles in zones A, A1-30, AH and AE must either:
