Township of Germany, PA Technical Provisions

Within any Floodway Area, new development, excluding development associated with the provision of community-serving or property-specific infrastructure such as roads and bridges, utility lines, stream crossings for farms, and similar features, shall be prohibited. Variances from this standard may only be issued in accordance with Article IX, and the new development must comply with § 95-17A(2).

Within any Floodway Area, new development associated with the provision of community-serving or property-specific infrastructure such as roads and bridges, utility lines, stream crossings for farms, and similar features may only be permitted where it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Such development shall only be allowed provided the appropriate permit is obtained from the Department of Environmental Protection's regional office.

A Zone.

No development shall be permitted in an A Zone unless it has been demonstrated that the proposed development would not result in an increase in the base flood elevation.

One of the following information sources and/or processes shall be used to determine the base flood elevation, which in turn shall be used to prove no rise in flood level as required in § 95-17B(1) above:

For unenclosed spaces (including, but not necessarily limited to, decks, porches, patios, and gazebos, or accessory components or structures utilizing wet floodproofing as enabled in § 95-20E), the applicant shall determine elevation and floodway information from federal, state, or other acceptable sources, when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the development site. In the absence of any of the above data or documentation, the community may require the elevation of the lowest floor to be at least three feet above the highest adjacent grade.

For all development other than that identified in § 95-17B(2)(a) above, the applicant shall determine the elevation with hydrologic and hydraulic engineering techniques for any proposed development. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, and other supporting material shall be submitted in sufficient detail to allow a thorough technical review by the municipality.

AE Zone without delineated floodway. No development shall be permitted in an AE Zone unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development would not result in an increase in flood levels within the entire community during the occurrence of the base flood discharge.

AO and AH Zones. Within AO and AH Zones, development is permitted. However, in these zones, drainage paths shall be established to guide floodwaters around and away from structures on slopes and follow elevating and floodproofing requirements in § 95-20.

Fifty feet top-of-bank of a watercourse. No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office and requirements for the underlying flood zone have been followed.

§ 95-18 Alteration or relocation of watercourse.

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's regional office.

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.

In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

§ 95-19 Encroachments.

The Township of Germany shall identify any floodplain management permit application that would, if approved, result in one or more of the following encroachments:

Any development that causes a rise in the base flood elevation within the floodway.

Any development occurring in an AE Zone without a designated floodway which will case a rise of more than one foot in the base flood elevation.

Any alteration or relocation, including, but not limited to, installing culverts and bridges, of a watercourse.

Where such encroachments are identified, the Township of Germany shall require the applicant for the floodplain management permit to perform the following (as per 44 CFR Part 65.12):

Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.

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.

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 67.

§ 95-20 Elevation and floodproofing requirements.

Within any identified floodplain area, new development or substantial improvements shall only be permitted in accordance with the following provisions:

Residential structures.

In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall be performed in a manner that results in the lowest floor (including basement) being elevated up to, or above, the regulatory flood elevation, as determined in accordance with § 95-17B(2) of this chapter.

In AE and AH Zones, any new construction or substantial improvement shall be performed in a manner that results in the lowest floor (including basement) being elevated up to, or above, the regulatory flood elevation.

In AO Zones, any new construction or substantial improvement shall be performed in a manner that results in the lowest floor (including basement) being elevated up to, or above, the highest adjacent grade at least as high as the depth number specified on the FIRM.

Nonresidential structures.

In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall be performed in a manner that results in the lowest floor (including basement) being elevated or completely floodproofed up to, or above, the regulatory flood elevation, as determined in accordance with § 95-17B(2) of this chapter.

In AE and AH Zones, any new construction or substantial improvement of a nonresidential structure shall be performed in a manner that results in the lowest floor (including basement) being elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation meets the following standards:

The enclosed space shall be floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water.

The enclosed space has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

In AO Zones, any new construction or substantial improvement shall be performed in a manner that results in the lowest floor (including basement) being elevated or completely floodproofed up to, or above, the highest adjacent grade to at least as high as the depth number specified on the FIRM.

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 shall be a statement confirming compliance with these standards submitted with the floodplain management permit application and with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.

(5)

For any nonresidential structure that will be floodproofed, the applicant must submit the following to the floodplain administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:

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, the following:

[1]

Mechanical equipment, such as sump pumps and generators.

[2]

Flood shields and closures.

[3]

Walls and wall penetrations.

[4]

Levees and berms (as applicable).

A flood emergency operation plan detailing the procedures to be followed during a flooding event. Said plan must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. The 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 shall have a planned and safe means of ingress and shall have no other emergency response duties during a flood event. Alternates shall 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, particularly for those without duties for the flood emergency, but also 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 shall be held at least once a year and shall be coordinated with community officials.

Space below the lowest floor shall meet the following requirements:

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 (see wet floodproofing) for the purpose of equalizing hydrostatic forces on exterior walls.

Designs for meeting this requirement shall be certified by a registered professional engineer or architect and shall meet or exceed the following minimum standards:

A minimum of two openings, having a net total area of not less than one square inch for every square foot of enclosed space, shall be installed on two separate walls.

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.

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 an 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 United States Department 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.

Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry (see wet floodproofing) but shall comply, at a minimum, with the following requirements:

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.

Floor area shall not exceed 200 square feet. Variances from this standard may only be issued in accordance with Article IX and shall specifically comply with § 95-40C.

The structure shall have a low damage potential.

The structure shall be located on the site so as to cause the least obstruction to the flow of floodwaters.

(5)

Power lines, wiring, and outlets shall be elevated to the regulatory flood elevation.

(6)

Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, and comparable equipment, 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 be certified by a registered professional engineer or architect and shall meet or exceed the following minimum criteria:

A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space shall be provided.

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)

The storage of hazardous materials in accessory structures is prohibited.

For all development, the design and construction standards and specifications contained in the 2015 International Building Code (IBC) and in the 2015 International Residential Code (IRC), or the latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized, where they are more restrictive.

§ 95-21 Design and construction standards.

The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

Fill. Within any identified floodplain area, the use of fill shall be prohibited. Variances from this standard may only be issued in accordance with Article IX and shall specifically comply with § 95-40D.

Drainage facilities. Storm drainage facilities within identified floodplain areas 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.

Water and sanitary sewer facilities and systems. Such systems within identified floodplain areas shall comply with the following standards:

All new or replacement community water supply and community sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.

All new individual water supply and individual sanitary sewer facilities and systems shall be prohibited. Replacements to existing individual 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.

Community sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

All new individual sanitary sewer facilities and systems shall be prohibited. Any replacements of individual sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

(5)

No part of any new on-site waste disposal system shall be located within any identified floodplain area. Any replacement on-site waste disposal systems located within an identified floodplain area must be constructed 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.

(6)

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.

Other utilities. All other utilities, such as gas lines and electrical and telephone systems, shall be located, elevated, and constructed to minimize the chance of impairment during a flood.

Streets. The finished elevation of all new streets shall be at or above the regulatory flood elevation.

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 § 95-22, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or the structure storing such material shall be floodproofed to the regulatory flood elevation.

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.

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

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.

Floors, walls and ceilings.

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.

Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

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.

Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

Paints and adhesives.

Paints and other finishes used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.

Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

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 comparable finishing material.

Electrical components.

Electrical distribution panels shall be at least three feet above the base flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

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 and shall be anchored to resist flotation, collapse, and lateral movement.

Ductwork shall be elevated to or above the regulatory flood elevation or shall be floodproofed to remain water-resistant.

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.

§ 95-22 Development that may endanger human life.

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, the following standards regarding development that may endanger human life are applied:

Any new or substantially improved structure which is intended to be used in accordance with one or more of the following conditions is prohibited within any identified floodplain area:

Any structure used for the production or storage of any dangerous materials or substances.

Any structure used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any dangerous materials or substances on the premises.