[Ord. 798, 7/7/2014]
1.
Alteration
or Relocation of Watercourse.
A.
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.
B.
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.
C.
In addition,
FEMA and the Pennsylvania Department of Community and Economic Development,
shall be notified prior to any alteration or relocation of any watercourse.
2.
When a
community 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 Part 65.12):
A.
Apply
to FEMA for conditional approval of such action prior to permitting
the encroachments to occur.
B.
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.
C.
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.
3.
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 Ordinance and any other applicable codes,
ordinances and regulations.
[Ord. 798, 7/7/2014]
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 Part 7, then the
following provisions apply:
1.
Residential
Structures.
A.
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 § 8-302, Subsection 1, of this ordinance.
B.
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 most recent revisions thereof and ASCE 24 and 34
Pa. Code (Chapters 401-405 as amended) shall be utilized, where they
are more restrictive.
2.
Non-residential
Structures.
A.
In A Zones, where there no Base Flood Elevations are 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 § 8-302, Subsection 1, of this ordinance, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
B.
Any non-residential
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.
C.
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 most recent revisions thereof and ASCE 24 and 34
Pa. Code (Chapters 401-405 as amended) shall be utilized, where they
are more restrictive.
3.
Space below
the lowest floor–fully enclosed space below the lowest floor
(including basements) is prohibited.
4.
Historic
Structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
ordinance, 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.
[Ord. 798, 7/7/2014]
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
1.
Fill. Within
any Identified Floodplain Area the use of fill shall be prohibited.
If a variance is obtained in accordance with the criteria in Part
7, then the following provisions apply. 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.
2.
Drainage
Facilities. Storm drainage facilities shall be designed to convey
the flow of storm water 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.
3.
Water and
Sanitary Sewer Facilities and Systems.
A.
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 flood waters.
B.
Sanitary
sewer facilities and systems shall be designed to prevent the discharge
of untreated sewage into flood waters.
C.
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.
D.
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.
4.
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.
5.
Streets.
The finished elevation of all new streets shall be no more than one
foot below the Regulatory Flood Elevation.
6.
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 § 8-404, Development Which May Endanger Human Life, shall be stored at or above the Regulatory Flood Elevation or floodproofed to the maximum extent possible.
7.
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 flood water.
8.
Anchoring.
A.
All buildings
and structures shall be firmly anchored in accordance with accepted
engineering practices to prevent flotation, collapse, or lateral movement.
B.
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.
9.
Floors,
Walls and Ceilings.
A.
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.
B.
Plywood
used at or below the regulatory flood elevation shall be of a "marine”
or "water-resistant" variety.
C.
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.
D.
Windows,
doors, and other components at or below the regulatory flood elevation
shall be made of metal or other "water-resistant" material.
10.
Paints
and Adhesives.
A.
Paints
and other finishes used at or below the regulatory flood elevation
shall be of "marine" or "water-resistant" quality.
B.
Adhesives
used at or below the regulatory flood elevation shall be of a "marine"
or "water-resistant" variety.
C.
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.
12.
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.
13.
Fuel
Supply Systems. All gas and oil supply systems shall be designed to
prevent the infiltration of flood waters into the system and discharges
from the system into flood waters. Additional provisions shall be
made for the drainage of these systems in the event that flood water
infiltration occurs.
14.
Uniform
Construction Code Coordination. The Standards and Specifications contained
34 Pa. Code (Chapters 401-405), as amended and not limited to the
following provisions shall apply to the above and other sections and
sub-sections of this ordinance, to the extent that they are more restrictive
and supplement the requirements of this ordinance.
[Ord. 798, 7/7/2014]
1.
Within any Identified Floodplain Area, any structure of the kind described in Subsection 2 below shall be prohibited. No variance shall be granted.
2.
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:
1) will be used for the production or storage of any of the following
dangerous materials or substances; or 2) 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 3) will involve the production,
storage, or use of any amount of radioactive substances, shall be
subject to the provisions of this section, in addition to all other
applicable provisions. 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.
[Ord. 798, 7/7/2014]
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
and Letter of Map Revision. Submittal requirements and processing
fees shall be the responsibility of the applicant.
[Ord. 798, 7/7/2014]
1.
Within
any Identified Floodplain Area manufactured homes shall be prohibited.
If a variance is obtained in accordance with the criteria in Part
7, then the following provisions apply:
2.
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.
3.
Where permitted
within any Identified Floodplain Area, all manufactured homes, and
any improvements thereto, shall be:
A.
Placed
on a permanent foundation;
B.
Elevated
so that the lowest floor of the manufactured home is at least 1 1/2
feet above base flood elevation;
C.
Anchored
to resist flotation, collapse, or lateral movement; and
D.
Have all
ductwork and utilities including HVAC/heat pump elevated to the Regulatory
Flood Elevation.
4.
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 401-405 shall
apply.
5.
Consideration
shall be given to the installation requirements of the 2009 IBC, and
the 2009 IRC or the most recent revisions thereto 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.
[Ord. 798, 7/7/2014]
Within any Identified Floodplain Area recreational vehicles
shall be prohibited. If a variance is obtained in accordance with
the criteria in Part 7, then the following provisions apply:
