Within the Flood Hazard District Area, all uses not allowed as permitted uses or authorized by grant of variance shall be prohibited. The following uses and no others shall be permitted within the Flood Hazard District Area and then only to the extent that they are not prohibited by any other ordinance or any other section of this chapter and only in strict compliance with the technical requirements set forth in this section, including, without limitation, the requirement to secure permits.
A. Agricultural uses that do not require structures, as follows: general farming, pasture, orchard, grazing, outdoor plant nurseries, truck farming, forestry and wild crop harvesting.
B. Recreation uses that do not require structures, as follows: park, picnic grounds, fairs, boating, golf course, archery, hiking, riding, hunting, fishing, game farm, fish hatchery, wildlife sanctuary, nature preserve and swimming areas.
C. Three-quarters of the front, side or rear yard setback required for development of any lot or tract in any district contiguous to the Flood Hazard District Area; provided, however, that no building shall be placed less than 25 feet from the boundary of any Flood Hazard District Area.
D. Sanitary sewers and sewage pumping stations, provided that the construction is floodproof and compliant with §
208-15H(2)(h).
E. Waterlines and sealed wells.
F. Dams, impoundment basins, culverts and bridges approved by the commonwealth.
G. Storm sewers and sanitary sewer outlets, subject to the approval of the Township Engineer.
H. When authorized as a conditional use, the following uses are subject to the general standards prescribed in §§
208-105 and
208-117, and the specific standards set forth in Subsection
J(3) below, provided that the applicant demonstrates to the reasonable satisfaction of the Planning Commission and Board of Supervisors that the grant thereof will not result in increasing the elevation of the base flood. No conditional use may be granted within the floodway if any increase in the base flood elevations would result, which shall be demonstrated by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information prepared by a licensed professional engineer in accordance with standard engineering practice.
(1) Any use permitted under §
208-15.1A through
G above requiring a temporary structure. A "temporary structure" shall be defined as that which will remain in place for a period of time not to exceed 12 months from the date of installation.
(2) Permeable improved parking areas and roads to serve other permitted uses in the Flood Hazard District Area or where required by the regulations for any contiguous district.
(3) Railroads, roads, bridges and utility transmission lines.
(4) Docks and piers for boating.
(5) A change in grade by either cut or fill, or a combination of both, may be permitted as a conditional use, but only upon the following conditions:
(a) The effect is not to alter the cross-sectional area of the profile of the floodplain.
(b) The effect is not to increase the elevation of the base flood.
(c) The effect is not to increase the runoff characteristics of the area disturbed.
I. The following uses and activities are specifically prohibited in any Flood Hazard District Area and no variances shall be granted therefor:
(1) The construction, enlargement, substantial improvement, placement or expansion of any structure.
(4) Cutting or removal of trees or other flora except where the area is devoted to forestry or nursery use, or except for certain permitted uses like a park or golf course where routine maintenance and care occurs, in which case cutting or removal shall be on a selective basis with appropriate reforestation measures practiced.
(8) Storage of any material that may be hazardous to the health and welfare of the surrounding population or which is in violation of the Clean Streams Law (35 P.S. §
691.901 et seq.) or regulations of the Department of Environmental Protection.
(9) The open storage of any hazardous materials or substances or the construction of substantial improvements of any structure which will be used for the production, storage or maintenance of, or used for activities requiring the maintenance of, a supply of any hazardous materials or substances, including, but not limited to, the following:
(k) Nitric acid and oxides of nitrogen.
(l) Petroleum products (gasoline, fuel oil and the like).
(p) Sulphur and sulphur products.
(q) Pesticides (including insecticides, fungicides and rodenticides).
(r) The construction or substantial improvements of any structure which will be used for the production, storage of, use of, or used for activities requiring the maintenance of, a supply of any amount of radioactive substances.
(10) The filling or relocation of any watercourse.
(13) Outdoor storage of vehicles or materials.
(17) The commencement of, or any construction of, a new manufactured home, manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
J. Technical requirements.
(1) Alteration or relocation of watercourse.
(a) 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.
(b) 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.
(c) In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(2) Any uses or activities allowed within any Flood Hazard District Area shall be undertaken in strict compliance with the provisions contained in this article and any other applicable codes, ordinances and regulations.
(3) For all conditional uses permitted under this district, the Township shall consider all relevant factors and procedures specified in other sections of the Code and the following:
(a) The danger to life and property due to increased flood heights or velocities caused by encroachments. No proposed use, development or activity shall be permitted that will cause any increase in flood levels in the Flood Hazard District Area.
(b) The danger that materials may be swept onto other lands or downstream to the injury of others.
(c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(d) The susceptibility of the proposed use and its contents to flood damage, and the effect of such damage on the individual owners.
(e) The importance of the services provided by the proposed use to the Township.
(f) The requirements of the use for a waterfront location.
(g) The availability of alternative locations not subject to flooding for the proposed use.
(h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(i) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
(j) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(k) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(l) The potential direct or indirect impacts to the Flood Hazard District Area from the use proposed.
(m) The potential direct or indirect impacts to those portions of any watercourse designated as "exceptional value" or "high-quality special protection waters" by the Commonwealth of Pennsylvania.
K. Elevation and floodproofing requirements. Within any Flood Hazard District Area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the Flood Hazard District Area in accordance with §
208-15, then the following provisions apply:
(1) Residential structures.
(a) 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.
(b) 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 §
208-14.1B(3) of this ordinance.
(c) In AO Zones, any new construction or substantial improvement shall have the lowest floor (including the basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
(d) 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 Commonwealth of Pennsylvania, and ASCE
24 and
34 Pa. Code (Chapters 401-405, as amended) shall be utilized, where they are more restrictive.
(2) Nonresidential structures.
(a) In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including the 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:
[1] Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
[2] Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(b) 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 the basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with §
208-14.1B(3) of this ordinance.
(c) In AO Zones, any new construction or substantial improvement shall have its lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
(d) 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. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.
(e) Any nonresidential structure that will be floodproofed must submit the following to the floodplain administrator, along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:
[1] An inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected include, at a minimum:
[a] Mechanical equipment such as sump pumps and generators;
[b] Flood shields and closures;
[c] Walls and wall penetrations; and
[d] Levees and berms (as applicable).
[2] A flood emergency operation plan detailing the procedures to be followed during a flooding event, and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:
[a] An established chain of command and responsibility, with leadership responsibilities clearly defined for all aspects of the plan.
[b] A procedure for notification of necessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties under the plan.
[c] A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.
[d] An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.
[e] A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community officials.
(f) 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 revision thereof as adopted by the Commonwealth of Pennsylvania, and ASCE
24 and
34 Pa. Code (Chapters 401-405, as amended) shall be utilized, where they are more restrictive.
(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 installed on two separate walls.
[2] The bottom of all openings shall be no higher than one foot above grade.
[3] Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(4) Historic structures. Historic structures, as defined in Subsections
(1) through
(3) only in §
208-6 of said definition, undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this article, 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.
L. Design and construction standards. In the event that a variance is secured for any activity for which a variance is required hereunder, the following minimum standards shall apply for all construction and development proposed within any Flood Hazard District Area:
(1) Fill. Within any Flood Hazard District Area, the use of fill shall be prohibited. No variance shall be granted.
(2) 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.
(3) 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 waste disposal system shall be located within any Flood Hazard District Area.
(d) 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.
(4) 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.
(5) Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6) 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 §
208-15.1I(9) shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(7) 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.
(8) 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.
(9) 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.
(10) Paints and adhesives:
(a) Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(b) Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c) 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.
(11) Electrical components:
(a) Electrical distribution panels shall be at least three feet above the base flood elevation.
(b) Separate electrical circuits shall serve lower levels and shall be dropped from above.
(12) Equipment:
(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 flotation, collapse, and lateral movement.
(b) Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water-resistant.
(13) 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.
(14) 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 article, to the extent that they are more restrictive and supplement the requirements of this article.
(a) International Building Code (IBC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania; Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b) International Residential Building Code (IRC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Sections R104, R105, R109, R322, Appendix E, and Appendix J.
M. Special requirements for subdivisions and development. All subdivision proposals and land development proposals containing at least 10 lots or at least five acres, whichever is the lesser, in Flood Hazard District 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 (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.