The Legislature of the Commonwealth of Pennsylvania has, by passage of the Pennsylvania Flood Plain Management Act of 1978 and the Pennsylvania Municipalities Planning Code, delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Board of Supervisors of the Township of Sadsbury does hereby order as follows:
A. General provisions; intent. The intent of the Floodplain Overlay District is to promote the general health, welfare, and safety of the Township; encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future; minimize danger to public health by protecting water supply and natural drainage; reduce financial burdens imposed on the Township, its governmental units, and its residents, by preventing excessive development in areas subject to flooding; and comply with federal and state floodplain management requirements.
(1) Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the identified floodplain area of Sadsbury Township unless a permit has been obtained from the floodplain administrator.
(2) Abrogation and greater restriction. This section supersedes any other conflicting provisions which may be in effect in identifies floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this section, the more restrictive shall apply.
(3) Severability. If any section, subsection, paragraph, sentence, clause or phrase of this section shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining provisions of the section, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared to be severable.
(4) Warning and disclaimer of liability.
(a) The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damage.
(b) This section shall not create liability on the part of Sadsbury Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
B. Administration.
(1) Designation of floodplain administrator.
(a) The Township Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the "floodplain administrator." The floodplain administrator may:
[1] Fulfill the duties and responsibilities set forth in this section;
[2] Delegate duties and responsibilities set forth in this section to qualified technical personnel, plan examiners, inspectors and other employees; or
[3] Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of this section.
(b) Administration of any part of this section by another entity shall not relieve the Township of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(c) In the absence of a designated floodplain administrator, the floodplain administrator duties are to be fulfilled by the Township Manager.
(2) Permits required. A permit shall be required before any construction or development is undertaken within the identified floodplain area of Sadsbury Township.
(3) Duties and responsibilities of the floodplain administrator:
(a) The floodplain administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this section and all other applicable codes and ordinances.
(b) Prior to the issuance of any permit, the floodplain administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978 - 325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
(c) In the case of existing structures, prior to the issuance of any development/permit, the floodplain administrator shall review the history of repairs to the subject building, so that any cumulative substantial damage concerns can be addressed before the permit is issued.
(d) During the construction period, the floodplain administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(e) In the discharge of his/her duties, the floodplain administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour, to enforce the provisions of this section.
(f) In the event the floodplain administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the floodplain administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
(g) The floodplain administrator shall maintain in perpetuity, or for the life of the structure, all records associated with the requirements of this section including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(h) The floodplain administrator is the official responsible for submitting a biennial report to FEMA concerning Township participation in the National Flood Insurance Program.
(i) The responsibility, authority and means to implement the commitments of the floodplain administrator can be delegated from the person so identified. However, the ultimate responsibility lies with the person identified herein as the floodplain administrator/Manager.
(j) The floodplain administrator shall consider the requirements of title 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision thereof adopted by the Commonwealth of Pennsylvania.
(4) Application procedures and requirements.
(a) Application for such a permit shall be made, in writing, to the floodplain administrator on forms supplied by Sadsbury Township. Such application shall contain the following:
[1] Name and address of applicant.
[2] Name and address of owner of land on which proposed construction is to occur.
[3] Name and address of contractor.
[4] Site location including address.
[5] Listing of other permits required.
[6] Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.
[7] A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures and elevations related thereto in reference to and existing FEMA bench mark.
(b) If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the floodplain administrator to determine that:
[1] All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinance;
[2] All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;
[3] Adequate drainage is provided so as to reduce exposure to flood hazards;
[4] Structures will be anchored to prevent flotation, collapse, or lateral movement;
[5] Building materials are flood resistant;
[6] Appropriate practices that minimize flood damage have been used; and
[7] Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(c) Applicants shall provide the following minimum information plus any other pertinent information as may be required by the floodplain administrator to make the above determinations:
[1] A complete permit application form.
[2] A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 50 feet or less, showing the following:
[a] North arrow, scale and date;
[b] Topographic contour lines with reference to an existing FEMA bench mark from an actual field survey;
[c] The locations of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[d] The location of all existing streets, drives, and other access ways; and
[e] The locations of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway and the flow of water, including directions and velocities.
[3] Plans of all proposed buildings, structures and other improvements, drawn at a suitable scale, showing the following:
[a] The proposed lowest floor elevation of any proposed buildings based upon North American Vertical Datum of 1988;
[b] The elevation of the base flood; and
[c] Supplemental information as may be necessary under Title 34 Pa. Code, the 2009 IBC or the 2009 IRC or latest edition thereof adopted by the Commonwealth of Pennsylvania.
[4] The following data and documentation:
[a] Detailed information concerning any proposed floodproofing measures and corresponding elevations;
[b] If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood;
[c] Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within floodway area when combined with all other existing and anticipated development will not increase the base flood elevation at any point;
[d] Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District Without Floodway, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the Township;
[e] A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[f] Detailed information needed to determine compliance with storage and ordinance standards for development which may endanger human life, including:
[i] The amount, location and purpose of any materials or substances which are intended to be used, produced, stored or otherwise maintained on site.
[ii] A description of safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed herein during a base flood.
[g] The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[h] Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
(d) Applications for permits shall be accompanied by a fee, payable to the municipality, based upon the estimated cost of the proposed construction as determined by the floodplain administrator.
(5) Review by County Conservation District. A copy of all applications and plans for any proposed construction or development which will affect wetlands or any area greater than one acre in any identified floodplain area to be considered for approval shall be submitted by the floodplain administrator to the County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the floodplain administrator for possible incorporation into the proposed plan.
(6) Review of application by others. The floodplain administrator may submit a copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
(7) Changes. After the issuance of a permit by the floodplain administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the floodplain administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to floodplain administrator for consideration.
(8) Placards. In addition to the permit, the floodplain administrator shall issue a placard, or similar document, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the floodplain administrator.
(9) Start of construction.
(a) Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit. Work shall also be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the floodplain administrator. The issuance of development permit does not refer to the zoning approval.
(b) The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first, alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(c) Time extensions shall be granted by the floodplain administrator only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the floodplain administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted. The floodplain administrator shall grant all time extensions in writing.
(10) Enforcement. Notices. Whenever the floodplain administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section, or of any regulations adopted pursuant thereto, the floodplain administrator shall give notice of such alleged violation provided in Section 616.1 of the MPC and Article
XVII of this chapter.
(11) Penalties. Any person who fails to comply with any or all of the requirements or provisions of this section or who fails or refuses to comply with any notice, order of direction of the floodplain administrator or any other authorized employee of the municipality shall be subject to a civil enforcement proceeding as provided in Section 617.2 of the MPC. In addition to the above civil enforcement proceeding, all other actions are hereby reserved including an action in equity for the proper enforcement proceeding all other actions are hereby reserved including an action in equity for the proper enforcement of this section. The imposition of a civil judgment for any violation of or noncompliance with this chapter shall not excuse the violation or noncompliance or permit it to continue. All such persons shall be required to correct or remedy such violations and noncompliance with this section may be declared by the Board of Supervisors to be a public nuisance and abatable as such.
(12) Appeal.
(a) Any person aggrieved by any action or decision of the floodplain administrator concerning the administration of the provisions of this chapter may appeal to the Zoning Hearing Board as provided by Section 616.1 of the MPC. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the floodplain administrator.
(b) Upon receipt of such appeal the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code and this article.
(c) Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this State including the Pennsylvania Flood Plain Management Act.
C. Identification of floodplain areas.
(1) Identification. The identified floodplain area shall be:
(a) Any areas of Sadsbury Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
(b) The above-referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by Sadsbury Township and declared to be a part of this section.
(2) Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(a) The floodway area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
[1] Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Township during the occurrence of the base flood discharge.
[2] Within any floodway area, no new construction, or development shall be allowed unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(b) The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
[1] The AE Area adjacent to the floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.
[2] AE Area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but not floodway has been determined.
[a] No permit shall be granted for any construction, development, use or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development will not increase the BFE more than one foot at any point.
[b] 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 Regional Office.
(c) The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used 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 construction site.
(d) In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. 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, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality.
(e) The AO and AH Area/District shall be those areas identified as Zones AO and AH of the FIRM and in the FIS. These areas are subject to inundation by 1% annual chance shallow flooding where average depths are between one foot and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
(3) Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a Township shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific date.
(4) Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by Sadsbury Township and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
(5) Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Township shall review flood hazard data affecting the lands subject to boundary changes. The Township shall adopt and enforce floodplains regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in the standards found herein.
D. Technical provisions.
(1) General.
(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 Township, and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.
[2] No encroachment, alterations, 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 Sadsbury 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 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 administrator's conditional approval of map change and prior to approving the proposed encroachments, the Township 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 Township 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, developments, 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.
(2) Elevation and floodproofing requirements.
(a) Residential structures.
[1] In AE, A1-30, and AH Zones, any new construction or substantial improvements shall have the lowest floor (including basement) elevated at 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 at or above the regulatory flood elevation determined in accordance with Section 6.02.C of this section.
[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 and at least 1.5 feet above the base flood elevation.
[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 to lowest floor (including basement) elevated at or above the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
[a] Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
[b] Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
[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 at or above the regulatory flood elevation determined in accordance with Section 6.02.C of 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 1.5 feet above 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 Commonwealth of Pennsylvania, and ASCE 24 NS 34 Pa. Code (Chapters 401 through 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 basements) 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 section, must comply with all section requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause the 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 1.5 feet above the regulatory flood elevation.
[6] Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers 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 the 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.
(3) Design and construction standards. 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:
[1] Extend laterally at least 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 foot to two horizontal feet and approved by the floodplain administrator; and
[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 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 water 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 herein, 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 floatation, 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 variety.
[2] Adhesives used at or below the regulatory flood elevation shall be of 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.
(k) Electrical components.
[1] Electrical distribution panels shall be at least three feet above the base flood elevation.
[2] Separate electrical circuits shall serve lower levels and shall be dropped from above.
(l) Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall be located at least 1.5 feet above 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) 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 provision 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 Commonwealth of Pennsylvania, Sections 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 Commonwealth of Pennsylvania, Sections R104, R105, R109, R322, and Appendix E, and Appendix J.
(4) Development which may endanger human life. Within any identified floodplain area, any structure or the kind described in Subsection
D(4)(a), below, shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection
G, then the following provisions apply:
(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 which:
[1] Will be used for the production or storage of any of the following dangerous materials or substance; 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 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:
[k] Nitric acid and oxides of nitrogen.
[l] Petroleum products (gasoline, fuel oil, etc.).
[p] Sulphur and Sulphur products.
[q] Pesticides (including insecticides, fungicides, and rodenticides).
[r] Radioactive substances, insofar as such substances are not otherwise regulated.
(b) Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection
D(4)(a), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(c) Within any floodway area, any structure of the kind described in Subsection
D(4)(a), above, shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described herein above shall be elevated to remain completed dry up to at least 1 1/2 feet above the base flood elevation and built in accordance with these provisions.
(d) Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described herein above shall be built in accordance with these provisions, including:
[1] Elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; and
[2] Designed to prevent pollution from the structure or activity during the course of a base flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
(5) Special requirements for subdivisions and development. All subdivision 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.
(6) Special requirements for manufactured homes.
(a) Within any identified floodplain area, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection
G, then the following provisions shall apply;
(b) Within any floodway area/district, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection
G, then the following provisions shall 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:
[1] Be laced on a permanent foundation;
[2] Be elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above the base flood elevation;
[3] Be 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 through 405 shall apply.
(f) Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the latest edition thereto 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.
(7) Special requirements for recreational vehicles. Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection
G, then the following provisions apply:
(a) Recreational vehicles in Zones A, A1-30, AH and AE must either:
[1] Be on the site for fewer than 180 consecutive days; and
[2] Be fully licensed and ready for highway use.
E. Prohibited activities.
(1) General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area:
(a) The commencement of any of the following activities, or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
(b) The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement, as determined by the floodplain administrator, to an existing manufactured home park or manufactured home subdivision.
F. Existing structures in identified floodplain areas.
(1) Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the following provisions of Subsection
F(2) below shall apply.
(2) Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(a) No expansion or enlargement of an existing structure shall be allowed within AE Area/District that would cause any increase in BFE.
(b) No expansion or enlargement of an existing structure shall be allowed within AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c) Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
(d) The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC, or most recent revision thereof adopted by the Commonwealth of Pennsylvania.
(e) Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(f) Any modification, alteration, reconstruction or improvement of any kind that meets the definition of "cumulative substantial damage" shall be undertaken only in full compliance with the provisions of this section.
G. Variances.
(1) General. If compliance with any of the requirements of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
(2) Variance procedures and conditions. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in this chapter, the MPC, and the following:
(a) No variance shall be granted for any construction, development, use or activity within any floodway area/district that would cause any increase in the BFE.
(b) No variance shall be granted for any construction, development, use or activity within ay AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c) Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by development which may endanger human.
(d) No variance shall be granted for prohibited activities.
(e) If granted, a variance shall only allow for the minimum modification or departure from the requirements set forth in this section as is necessary to provide relief.
(f) In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
(g) Whenever a variance is granted, in addition to all other requirements of this chapter and the MPC, the Zoning Hearing Board shall notify the applicant, in writing, that:
[1] The granting of the variance may result in increased premium rates for flood insurance.
[2] Such variances may increase the risk to life and property.
(h) In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
[1] That there is good and sufficient cause to grant the requested relief.
[2] That failure to grant the variance would result in exceptional hardship to the applicant.
[3] That the granting of the variance will
[a] Not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense.
[b] Not create any nuisances or negatively affect the public, or conflict with any other applicable state or local ordinances or regulations.