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:
(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:
(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.
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.
A.
Within any identified floodplain area, manufactured homes shall be
prohibited. No variance shall be granted.
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:
