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 Township of Newlin proposes to permit the following encroachments:
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 Part 65.12):
(1)
Apply to FEMA for conditional approval of such action prior to permitting
the encroachments to occur.
(2)
Upon receipt of the 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. The following uses are permitted within
the identified floodplain area, provided they are conducted in accordance
with the provisions of the Clean Streams Law of Pennsylvania, Act
349 of 1937, as amended, the rules and regulations of the Pennsylvania
Department of Environmental Protection, all other applicable provisions
of this chapter and other local, state and federal regulations:
(1)
Passive agricultural uses, including accessory structures that are
compliant with the less stringent regulations governing such accessory
structures.
(2)
Woodland preserve, game preserve, wildlife sanctuary or other conservation
use.
(3)
Municipal or public use, including recreational areas.
(4)
Uses accessory to those permitted by the underlying zoning district,
including yards and parking, provided no impervious materials are
used.
E.
Special exception uses. The following uses may be permitted within the identified floodplain area upon the issuance of a special exception by the Zoning Hearing Board as provided in Chapter 240, Zoning, provided they are conducted in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 349 of 1937, as amended, the rules and regulations of the Pennsylvania Department of Environmental Protection, all other applicable provisions of this chapter and other local, state and federal regulations. In issuing any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter:
(1)
Dams, culverts, impoundment basins, and bridges approved by the Pennsylvania
Department of Environmental Protection and the U.S. Army Corps of
Engineers, where applicable.
(2)
Utilities and public facilities, including streets, storm sewers
and sewage treatment plants.
(3)
Modifications to structures existing as of the date of adoption of
this chapter.
(4)
Adaptive reuse of an existing building or structure in accordance
with the underlying zoning district.
Within any identified floodplain area any new construction or
substantial improvements shall be prohibited unless permitted by right,
by special exception or a grant of a variance. If permitted by right,
by special exception or by variance, 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 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 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 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)
Basements are prohibited.
(2)
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.
(3)
Designs for meeting this requirement must either be certified by
a registered professional engineer, 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.
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
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.
(9)
For accessory structures that exceed 200 square feet in area (footprint)
and that are below the base flood elevation, a variance is required.
If a variance is granted, a signed declaration of land restriction
(nonconversion agreement) shall be recorded on the property deed prior
to issuance of the certificate of occupancy.
(10)
Prohibit the storage of hazardous materials in accessory structures.
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 required
criteria, 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 No. 348,
"Protecting Building Utilities From Flood Damages" and "The International
Private Sewage Disposal Code" shall be utilized.
D.
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 78-24, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
G.
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar objects
or components located below the regulatory flood elevation shall be
securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain without causing structural damage to the building.
(2)
Plywood used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation shall
be designed and constructed of materials that are water resistant
and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory flood
elevation shall be made of metal or other water-resistant material.
J.
Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory flood elevation
shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at or below
the regulatory flood elevation shall be finished with a marine or
water-resistant paint or other finishing material.
L.
Equipment.
(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 flotation, 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: §§ 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: §§ R104,
R105, R109, R322, Appendix E, and Appendix J.
A.
Within
any identified floodplain area, any structure of the kind described
below shall be prohibited. No variance shall be granted due to the
danger to the public health, safety and welfare.
B.
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, new manufactured homes shall
be prohibited.
B.
Where a manufactured home already exists within any identified floodplain
area, all manufactured homes, and any improvements thereto, shall
be:
C.
Equipment requirement:
(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 flotation, collapse, and lateral improvement.
(2)
Ductwork shall be elevated to or above the regulatory flood elevation
or floodproofed to remain water resistant.
D.
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 Chapter 401 through 405
shall apply.
E.
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the latest revision thereto as adopted
by the Commonwealth 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 unit(s) installation.
Within any identified floodplain area recreational vehicles
shall be prohibited. If a variance is obtained in accordance with
the required criteria, then the following provisions apply:
