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 Borough 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.
Encroachment.
(1)
When the Borough proposes to permit the encroachments in Subsection B(2) below, the floodplain permit applicant shall (as per 44 CFR 65.12):
(a)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
(b)
Upon receipt of the FEMA Administrator's conditional approval
of map change and prior to approving the proposed encroachments, the
Borough shall provide evidence to FEMA of the adoption of floodplain
management regulations incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
(c)
Upon completion of the proposed encroachments, an 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.
(2)
The following encroachments may be permitted:
(a)
Any construction and/or development that causes a rise in the
base flood elevations within the floodway.
(b)
Any construction and/or 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.
(c)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
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.
Use regulations. Unless prohibited by the restrictions of the underlying
districts, the following uses and no others shall be permitted within
the floodplain district to the extent that they are not prohibited
by any other ordinance and provided that they do not require a structure,
fill or storage of materials or equipment:
(1)
Common open space and front, side or rear yard required for development
of any lot or tract in any district contiguous to any floodplain district
may lie within such floodplain district, provided that no structure
shall be placed less than 25 feet from any floodplain district boundary.
(2)
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.
Within any identified floodplain area any new construction or substantial improvements shall be prohibited. If a variance is obtained for existing structures in the identified floodplain area in accordance with the criteria in Article VII, then the following provisions shall 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 § 140-18C 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 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 § 140-18C 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
an 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.
Such statement shall be submitted with the floodplain permit application
prior to the issuance of the certificate of occupancy.
(5)
Any nonresidential structure that will be floodproofed shall submit the following to the Floodplain Administrator, 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 standards in Subsection B(4) above with the floodplain permit application 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 shall be inspected
include, at a minimum:
(b)
Flood emergency operation plan detailing the procedures to be
followed during a flooding event, and shall include information pertaining
to how all components will operate properly under all conditions,
including power failures. This plan shall be produced by a licensed
design professional (i.e., engineer, architect) and shall 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 shall 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 shall 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 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 (excluding basements
but including crawl spaces), 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.
(2)
Designs for meeting this requirement shall 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 resources. Historic resources undergoing repair or rehabilitation
that would constitute a substantial improvement, as defined in this
chapter, shall comply with all ordinance requirements that do not
preclude the resource's continued designation as a historic resource.
Documentation that a specific ordinance requirement will cause removal
of the resource from the National Register of Historic Places or the
State Inventory of Historic Places shall be obtained from the Secretary
of the Interior or the State Historic Preservation Officer and the
Borough. Any exemption from ordinance requirements will be the minimum
necessary to preserve the historic character and design of the resource.
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 accessory 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
shall 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.
(9)
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. If fill is used, it shall comply with the following:
(1)
Extend laterally a minimum of 15 feet beyond the building line from
all points.
(2)
Consist of soil or small rock materials only, sanitary landfills
shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling.
(4)
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.
(5)
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 sewage disposal system shall be located within
any identified floodplain area except in strict compliance with all
state, county, and Borough 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 § 140-25, 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 to 405), as amended, and not
limited to the following provisions shall apply 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. No variance
shall be granted.
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 shall be prohibited if it meets any of the criteria in § 140-25A(1) below.
(1)
Criteria for prohibited structures.
(a)
Will be used for the production or storage of any of the dangerous materials or substances as listed in Subsection A(2) below.
(b)
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 dangerous materials or substances on the premises as listed in Subsection A(2) below.
(c)
Will involve the production, storage or use of any amount of
radioactive substances.
(2)
The following list of materials and substances are considered dangerous
to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
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.
Any development proposals containing new structures are prohibited.
No variance shall be granted.
A.
Within any identified floodplain area new manufactured homes shall
be prohibited. No variance shall be granted.
B.
For existing structures, if a variance is obtained in accordance with the criteria in Article VII, then the following provisions apply:
C.
Where permitted within any Identified floodplain area, all manufactured
homes and any improvements thereto shall be:
D.
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 movement.
(2)
Ductwork shall be elevated to or above the regulatory flood elevation
or floodproofed to remain water-resistant.
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 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 criteria in Article VII, then the following provisions apply:
