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 Upper Darby Township 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 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, 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, 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.
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.
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.
E.
If Upper Darby Township determines that only a part of a proposed
plot can be safely developed, it shall limit development proceed consistent
with this determination.
F.
The Delaware County Planning Commission at its discretion may recommend
that the local municipality consider modifying its density requirements
to permit an equal number of units on the remainder of the tract as
would have resulted under existing ordinances prior to the determination
that only a part of a proposed plot can be safely developed. Such
recommendation shall not be binding on the local municipality.
G.
When a developer does not intend to develop that plot himself and
the Delaware County Planning Commission determines that additional
controls are required to ensure safe development, it may require the
developer to impose appropriate deed restrictions on the land. Such
deed restrictions shall be inserted in every deed and noted on every
recorded plat.
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 VII, 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 § 305-19C 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
State of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 to
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 § 305-19C of this chapter.
(3)
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.
(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.
(5)
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
State of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 to
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 basement)
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.
(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.
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. Within any identified floodplain area the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in Article VII, 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 is 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.
(1)
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.
(2)
Storm drainage facilities shall be designed to convey the flow of
surface waters without damage to persons or property. The system shall
insure drainage at all points along streets and provide positive drainage
away from buildings and on-site waste disposal sites.
(3)
Drainage plans shall be consistent with local and regional drainage
plans. The facilities shall be designed to prevent the discharge of
excess runoff onto adjacent properties. Upper Darby Township may require
retention basins prior to discharge to prevent increase in flood elevation
downstream.
C.
Water and sanitary sewer facilities and systems.
(1)
All sanitary sewer systems located in any designated floodplain district
shall be designed to prevent the discharge of untreated sewage into
floodwaters and be floodproofed up to the regulatory flood elevation.
The installation of sewage disposal facilities requiring soil absorption
systems where such system will not function due to a high groundwater,
flooding, or unsuitable soil characteristics shall be prohibited.
Upper Darby Township may require that the developer note on the face
of the plat and in any deed of conveyance that soil absorption fields
are prohibited in designated areas.
(2)
All water systems located in any designated floodplain districts,
whether public or private, shall be floodproofed up to the regulatory
flood elevation. If there is an existing public water supply system
on or near the subdivision, Upper Darby Township shall require the
developer to connect to this system where it is economically feasible.
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.
(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 public and/or private utilities and facilities
including gas and electric shall be elevated or floodproofed up to
the regulatory flood.
E.
Elevation of streets. The finished elevation of proposed streets
shall not be less than the one-hundred-year flood elevation. Upper
Darby Township may require, where necessary, profiles and elevations
of streets to determine compliance with the requirements. Drainage
openings shall be sufficient to discharge flood flows without unduly
increasing flood heights.
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 § 305-26, 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.
Excavation and grading. Where any excavation or grading is proposed
or where any existing trees, shrubs, or other vegetative cover will
be removed in the designated floodplain district, the developer shall
consult the Delaware County Conservation District representative concerning
plans for erosion and sediment control and to also obtain a report
from the Conservation District on the soil characteristics of the
site so that a determination can be made as to the type and degree
of development that the site may accommodate. A copy of this report
shall be forwarded to Upper Darby Township and the Delaware County
Planning Commission. Before undertaking any excavation or grading,
the developer shall obtain a grading and excavation permit from Upper
Darby Township.
O.
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 to 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 edition thereof
adopted by the State of Pennsylvania: Secs. 801, 1202, 1403, 1603,
1605, 1612, 3402, and Appendix G.
(2)
International Residential Building Code (IRC) 2009, or the latest
edition thereof adopted by the State 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. No variance
shall be granted.
A.
In accordance with the Pennsylvania Flood Plain 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 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.
[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 is
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 VII, 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 VII, 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 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 base flood elevation;
(3)
Anchored to resist flotation, collapse, or lateral movement; and
(4)
Have all ductwork and utilities including HVAC/heat pump elevated
to the regulatory flood elevation.
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 U.S. 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 to 405 shall apply.
F.
Consideration shall be given to the installation requirements of
the 2009 IBC and the 2009 IRC, or the latest editions thereto adopted
by the State of Pennsylvania, and 34 Pa. Code, as amended, where appropriate
and/or applicable to units where the manufacturers' standards for
anchoring cannot be provided or were not established for the proposed
units' installation.
Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Article VII, then the following provisions apply:
