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 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 applicant proposes 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 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):
(1) 
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
(2) 
Upon receipt of the FEMA 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.
(3) 
Upon completion of the proposed encroachments, the applicant 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.
D. 
Uses permitted by right. Subject to compliance with the provisions of this chapter and the Zoning Ordinance, the following uses and no others shall be permitted within the identified floodplain area to the extent that they will not cause any increase in flood levels in the floodway during a base flood event:
(1) 
Agricultural uses, such as general farming, pasture, orchard, grazing, outdoor plant nurseries, farm ponds, truck farming, forestry, and wild crop harvesting, excluding structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
(a) 
Agricultural standards.
[1] 
A filter strip is required between any watercourse and any tilled land. Such strip shall be a minimum of 15 feet in width measured from the bank of the watercourse channel. The filter strip shall be planted and maintained in grass.
[2] 
Within the identified floodplain area, a cover crop, such as annual rye grass, is required whenever the land is not being tilled for major crops.
[3] 
Livestock shall not be confined in pastures or other enclosures located entirely within the identified floodplain area.
(2) 
Recreational uses, such as parks, camps, picnic grounds, golf courses, archery ranges, hiking and riding trails, hunting and fishing areas, game farms, fish hatcheries, wildlife sanctuaries, nature preserves, swimming and picnic areas.
(3) 
Open space and front, side or rear yards required for development of any lot or tract in any district contiguous to any identified floodplain area may lie within such identified floodplain area, provided that no structure shall be placed less than 25 feet from any identified floodplain area boundary.
(4) 
Uses comprising no more than 1/2 of the required minimum lot area for any lot contiguous to the special flood hazard areas, except that no required setback areas shall be within such areas provided that no building or structure and no sanitary drainage field shall be placed within 50 feet of the boundary of such special flood hazard area where the setback requirement in the Zoning Ordinance applicable to such area is less than 50 feet.
(5) 
Erosion and sedimentation control measures and facilities, provided no unhealthful ponding or other unsanitary conditions shall occur.
(6) 
Harvesting of any wild crop.
(7) 
Stream improvements whose sole purpose is to improve aquatic life habitat, and which are approved by the Pennsylvania Fish Commission and reviewed by the Chester County Conservation District.
(8) 
Circuses, carnivals and similar transient enterprises, provided that natural vegetative ground cover is not destroyed, removed or covered in such a way as to create erosion or sedimentation.
(9) 
Public utility facilities, excluding buildings, under the jurisdiction of the Pennsylvania Public Utility Commission.
(10) 
A structure existing in any special flood hazard area prior to the effective date of this chapter; and
(11) 
Nonstructural accessory uses customarily incidental to any of the foregoing permitted uses.
E. 
Uses by special exception. The following uses in the identified floodplain area are permitted only when a special exception is granted by the Zoning Hearing Board as provided for herein and in Article XIX of the Zoning Ordinance. In addition, the Zoning Hearing Board shall not grant by special exception in the event the development will cause any increase in flood levels in the floodway during a base flood. Special exception uses shall be in accordance with the provisions of the Clean Stream Law of Pennsylvania, Act 344 of 1937, as amended; the rules and regulations of the Pennsylvania Department of Environmental Protection, and all other provisions of this chapter:
(1) 
Parking lots, loading areas, driveways, and aircraft landing strips and taxiways, if they are water-permeable surfaced, except that parking lots designed or used for storage and parking lots for hotels, motels and other transient lodgings are prohibited.
(2) 
Water-oriented uses such as docks, piers, wharves, marinas, boat liveries, and boat launching ramps.
(3) 
Public utility facilities not under the exclusive jurisdiction of the Pennsylvania Public Utility Commission, subject to the following conditions:
(a) 
Facilities such as pipelines, gas lines, storm sewers, water lines, outlets installations for sewage treatment plants, sealed public and private water supply wells, pumping stations, and underground communications facilities, shall, together with associated structures, but excepting necessary vents, be designed and installed underground so as to be at or below the existing natural surface grade within the floodplain, and in such a manner as will prevent flotation, minimize or eliminate flood damage, and not alter the cross-sectional area of the floodplain. All new or replacement water supply facilities and/or sanitary sewage facilities shall be designed to minimize or eliminate infiltration of floodwaters into the facilities and discharges from the facilities into floodwaters. All gas lines shall have a system of shut-off valves for service to the identified floodplain area to allow positive control during flood emergencies.
(4) 
Electrical transmission lines and supporting structures shall be installed so as to minimize or eliminate flood damage, and all lines of less than 15 kilovolts shall be installed underground, below the existing natural surface grade within the floodplain. Aboveground electrical transmission lines of 15 kilovolts or more may be allowed above ground as a special exception, provided they are certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania as meeting all of the following standards:
(a) 
Aboveground lines and supporting structures shall enter the identified floodplain area only to cross a watercourse, shall cross the watercourse and the identified floodplain area using the most direct and shortest route possible consistent with the goals, objectives, purposes, and intents of this chapter, shall make the minimum number of crossings necessary, and shall be designed and installed so as to minimize or eliminate flood damage.
(b) 
Aboveground lines shall be elevated so that their lowest portions are a minimum of 10 feet above the maximum flood elevation.
(c) 
Supporting structures for aboveground lines within the identified floodplain area shall be the minimum number necessary to carry the lines across the identified floodplain area. Supporting structures shall be designed and installed so as to be able to withstand the maximum volume, velocity, and force of floodwaters which can be expected at the point where they are located.
(5) 
Facilities and service in the identified floodplain area shall be designed so that flood damage within the district does not disrupt service outside the district.
(6) 
Fish hatcheries, including uncovered ponds and raceways, which are approved by the Pennsylvania Fish Commission, but excluding other structures.
(7) 
Water monitoring devices.
(8) 
Culverts, bridges and approaches to public and private culverts and bridges provided the same meet all of the following conditions:
(a) 
Review and/or approval by the Chester County Planning Commission, if required.
(b) 
Approval by the Delaware River Basin Commission, if required.
(c) 
Approval by the Pennsylvania Department of Environmental Protection, if required.
(d) 
Approval by the Pennsylvania Department of Transportation (PennDOT), if required.
(e) 
Approval by the United States Army Corps of Engineers, if required.
(f) 
If approval by PennDOT is not required, the proposed use must still meet all of the appropriate minimum design standards of PennDOT.
(g) 
The proposed structure must be designed in such a way as to have the capacity to allow the unrestricted passage of waters of maximum flood elevation below and through it without any upstream or downstream increase in water surface elevation or in horizontal change of current velocity or direction.
(9) 
Extraction of sand, gravel, and other mineral resources, excluding topsoil.
(10) 
Other uses similar to the above, provided the use will not reduce the cross-sectional area of the floodplain.
With the exception of § 89-501D and E above, any new construction or substantial improvements shall be prohibited within any identified floodplain area. 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 § 89-402C of this chapter.
(3) 
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
(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 latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 through 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:
(a) 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
(b) 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(2) 
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 § 89-402C of this chapter.
(3) 
In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
(4) 
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. 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.
(5) 
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:
(a) 
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:
[1] 
Mechanical equipment such as sump pumps and generators;
[2] 
Flood shields and closures;
[3] 
Walls and wall penetrations; and
[4] 
Levees and berms (as applicable).
(b) 
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:
[1] 
An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.
[2] 
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.
[3] 
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.
[4] 
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.
[5] 
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.
(6) 
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 through 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 (including basements) is prohibited.
(2) 
Partially 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.
(3) 
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 installed on two separate walls.
(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 a 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.
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:
(1) 
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 feet unless substantiated data justifying steeper slopes are submitted to, and approved by the floodplain administrator; and
(e) 
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 #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 § 89-504, 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.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. 
Equipment.
(1) 
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 movement.
(2) 
Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water-resistant.
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 34 Pa. Code (Chapters 401 through 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.
(1) 
International Building Code (IBC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2) 
International Residential Building Code (IRC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. R104, R105, R109, R322, Appendix E, and Appendix J.
Within any identified floodplain area, any structure of the kind described in Subsection A, below, shall be prohibited.
A. 
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 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 prohibited. 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.
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 (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.
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:
A. 
Recreational vehicles in Zones A, A1-30, AH and AE must:
(1) 
Be on the site for fewer than 180 consecutive days; and
(2) 
Be fully licensed and ready for highway use.